McCormick v. Blue Cross of Western Pa.

MONTEMURO, Judge:

On November 28, 1984, appellants’ action for medical benefits allegedly due from appellee was tried before the Honorable Robert A. Doyle, of the Court of Common Pleas of Allegheny County, sitting without a jury. At the close of appellants’ case, on appellee’s motion, a compulsory non-suit was entered against appellants.

*212An opinion and order was filed by the court below on January 9, 1985. The court therein determined that appellee’s denial of benefits was improper; nevertheless, in light of appellants’ failure to demonstrate actual damages, i.e., resultant out-of-pocket…