Robin v. Blue Cross Hospital Service, Inc.

HIGGINS, Judge.

This appeal was transferred by the Missouri Court of Appeals, Eastern District, by an opinion which affirmed summary judgment for respondents under the principle that the court had no power to rewrite an unambiguous insurance contract, because of recent Western District cases 1 which have recognized the theory of reasonable expectation of the average insured and because of the general interest and importance of the case as applied to health service contracts. Mo. Const, art. V, § 10. In question is whether appellant’s entitlement to benefits depends upon continued payment of…