Van Vactor v. Blue Cross Association

Plaintiffs, Mary Van Vactor, a minor daughter of a Federal employee, and the American Society of Oral Sturgeons as assignee of Alma Smith, wife of a Federal employee, brought a class action on behalf of all subscribers to the Government-Wide Service Benefit Plan whose claims for oral surgical hospitalization benefits had been denied, against the insurer, defendant Blue Cross Association, seeking a declaratory judgment interpreting the Federal Employee Health Benefits contract and brochure.

Defendant appeals from the granting of summary judgment in favor of plaintiffs. The judgment grants…