Blue Cross & Blue Shield of Alabama, Inc. v. Hendrix

HOLMES, Judge.

The plaintiff sued defendant, Blue Cross and Blue Shield of Alabama, seeking to recover certain hospital and medical expenses alleged to be due under a group insurance contract. The learned trial judge on stipulated facts entered a judgment for plaintiff and denied defendant’s subsequent motion for new trial. Defendant appeals and we reverse and remand.

The dispositive issue is whether a coordination of benefits provision in plaintiff’s insurance policy exonerated defendant from primary liability for plaintiff’s expenses.

The record reveals the following: Plaintiff was a named…