Tulio v. Arkansas Blue Cross & Blue Shield, Inc.

George Rose Smith, Justice.

This is an action by the appellants, husband and wife, against Arkansas Blue Cross & Blue Shield to recover damages partly for breach of contract and partly for the tort of outrage. In response to a motion by Blue Cross the trial judge entered a partial summary judgment dismissing the complaint as to all tort claims, on the ground that Blue Cross is a benevolent nonprofit corporation that is immune from tort liability. Blue Cross has asked us to dismiss the Tulios’ appeal from the partial summary judgment because it is not a final appealable judgment. We agree and…