Blue Cross-Blue Shield of Alabama v. Fowler

*574CATES, Judge.

This appeal was submitted on oral argument January 18, 1966.

After a layoff, Mrs. Fowler thought that her employer had reinstated her hospital service policy and that the employer was remitting her premiums. She recovered $254.70 for breach of the policy.

Blue Cross defended on the theory that it had never received the premiums.

I

Mrs. Fowler became ill February 6, 1964. She incurred hospital and medical expense •of more than $254.70, of which Blue Cross-Blue Shield paid nothing.

She had been issued Blue Cross-Blue Shield’s contract for hospital, surgical, medical benefits (effective…