McCoy v. Blue Cross & Blue Shield of Utah

OPINION

WILKINS, Presiding Judge:

¶ 1 Defendant Blue Cross and Blue Shield of Utah (Blue Cross) appeals the trial court’s order denying its motion to compel arbitration. We affirm.

BACKGROUND

¶2 In October 1985, Gerald McCoy purchased a health insurance policy known as the Qualifier I plan (the plan) from Blue Cross. Under the terms of the plan, Blue Cross reserved “the absolute right to modify or amend this [ajgreement from time to time provided, however, that no such modification or amendment shall be effective until thirty (30) days after written notice thereof has been given to the…