Neuner v. Horizon Blue Cross Blue Shield (In re Lymecare, Inc.)

OPINION ON HORIZON’S SECOND MOTION FOR SUMMARY JUDGMENT

JUDITH H. WIZMUR, Bankruptcy Judge.

In this adversary proceeding, Horizon Blue Cross Blue Shield of New Jersey moves for summary judgment to dismiss claims filed against it by the Chapter 7 bankruptcy estate of LymeCare, Inc. and a related entity, Lyme Disease Treatment Center, Inc. For the reasons expressed below, Horizon’s motion is granted in part and denied in part.

FACTS

Defendant Horizon Blue Cross Blue Shield of New Jersey (“Horizon”) is a nonprofit health services corporation authorized and established under the Health Service…