Legal Opinion

Wormack v. Southeastern Mutual Insurance Co.

Court of Appeals of Kentucky

Decided July 21, 1995No. 94-CA-989-MRPublishedCited by 1 opinion

1Opinion of the Court

OPINION REVERSING AND REMANDING

WILHOIT, Judge.

This appeal is from an order dismissing the appellant’s complaint which sought damages relating to the appellee’s failure to pay insurance benefits for a surgical procedure performed on the appellant. The basis for the dismissal was that the complaint failed to state a claim upon which relief might be granted. The premise for that ruling appears to have been that federal law has preempted this state action.

The appellant, Cassandra Wormack, was advised by her doctor to undergo exploratory and tumor removal surgery during the summer of 1990. The…

2Cases cited6 opinions

  1. Lloyde E. Howard v. Group Hospital Service, an Oklahoma Corporation, D/B/A Blue Cross and Blue Shield of OklahomaCourt of Appeals for the Tenth Circuit · 1984
  2. Crystal Caudill v. Blue Cross and Blue Shield of North Carolina, Crystal Caudill v. Blue Cross and Blue Shield of North Carolina, Inc. Blue Cross and Blue Shield AssociationCourt of Appeals for the Fourth Circuit · 1993
  3. Edmondson v. Pennsylvania National Mutual Casualty Insurance Co.Kentucky Supreme Court · 1989
  4. National Life & Accident Insurance v. RansdellCourt of Appeals of Kentucky (pre-1976) · 1935
  5. Graves County v. SullivanCourt of Appeals of Kentucky (pre-1976) · 1940

1 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Kincade Ex Rel. Linville v. Group Health Services of Oklahoma, Inc.Supreme Court of Oklahoma · 1997

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API