Blue Cross-Blue Shield v. Nelson

COLEMAN, Justice.

Defendant appeals from judgment for plaintiff in action on a contract whereby defendant promised to furnish hospital services to plaintiff. The contract appears to be of the type that is commonly called a Blue Cross hospital insurance policy.

Plaintiff alleged that she paid the premium and had been hospitalized but defendant had failed and refused to pay the benefits due under the policy.

Defendant pleaded the general issue and also a special plea that the contract contained a provision1 whereby hospital benefits would not be available to plaintiff for any condition, disease,…