Gonzalez v. BLUE CROSS/BLUE SHIELD OF ALA.

On Application for Rehearing

The opinion of October 8, 1999, is withdrawn, and the following is substituted therefor.

Marco A. Gonzalez and his wife Theresa appeal from a summary judgment entered in favor of Brookwood Health Services, Inc., in its action against them for medical expenses, and from the dismissal of their third-party complaint against Blue Cross and Blue Shield of Alabama ("BCBS") in that action; they also appeal from a summary judgment, in another lawsuit, in favor of BCBS on their claims alleging breach of contract and fraud.

The history of these cases is somewhat complicated.…