McQuay v. Arkansas Blue Cross & Blue Shield

John Mauzy Pittman, Judge.

In this case, an insurer, appellee Arkansas Blue Cross and Blue Shield (“BCBS”), rescinded a health policy issued to appellant’s late father, Aubrey McQuay. After appellant sued BCBS for breach of contract, BCBS filed a motion for summary judgment, which was granted by the trial court. Appellant contends on appeal that the trial court erred in granting summary judgment because genuine issues of material fact remain to be decided. We agree, and we reverse and remand.

On February 18, 2000, Aubrey McQuay visited the Jones-boro office of BCBS agent HealthCare Insurance…