Stead v. Blue Cross-Blue Shield of Alabama

Appellant, Eston H. Stead, Jr., states eleven issues that he contends are presented for review by this court. However, we perceive there is only one issue controlling a decision in this case: Whether or not, under the facts, upon breach of a hospital and medical benefits insurance contract, damages, compensatory and punitive, may be recovered that include those for mental anguish, personal injury, loss of earnings, pain and suffering and impairment of earning capacity.

We hold that such damages may not be recovered in this case and affirm the order of the trial court granting a new trial.

For a…