Blue Cross and Blue Shield of Alabama v. Fondren

MEMORANDUM OPINION AND ORDER

ALBRITTON, District Judge.

I.INTRODUCTION

This cause is before the court on an Appeal of a Memorandum Opinion and Order of a Magistrate Judge. The case was tried before the Magistrate Judge by consent and the parties consented to appeal on the record to the district court, rather than the circuit court of appeals, under Federal Rule of Civil Procedure 73(d) and 28 U.S.C. § 636.

II.FACTS and PROCEDURAL HISTORY

The Defendant, Lisa Fondren, (“Fondren”) was injured in a car accident in August of 1993. Fondren was enrolled in a group health insurance plan through her…