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STARKS v. HOSPITAL SERVICE PLAN OF N.J.

182 N.J. Super. 342 (1981)

440 A.2d 1353

ALICE STARKS, AN INDIVIDUAL; JULIUS KAY, AN INDIVIDUAL; BARBARA ROCAFUERTE, AN INDIVIDUAL; UNITED FOOD AND COMMERCIAL WORKERS INTERNATIONAL UNION, LOCAL 464, AFL-CIO, AMALGAMATED WELFARE FUND, A TRUST; AND ALL PRESENT AND FUTURE MEMBERS OF THE CLASS, PLAINTIFFS-APPELLANTS, v. HOSPITAL SERVICE PLAN OF N.J., INC., A NEW JERSEY CORPORATION; AND MEDICAL-SURGICAL PLAN OF N.J., INC., A NEW JERSEY CORPORATION, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided December 23, 1981.

Attorney(s) appearing for the Case

Harold Krieger argued the cause for appellants (Krieger & Chodash, attorneys; Harold Krieger and Paul T. von Nessi on the brief).

Richard L. Plotkin argued the cause for respondents (Pitney, Hardin & Kipp, attorneys; Richard L. Plotkin and Raymond T. Roche on the brief).

Before Judges MATTHEWS, PRESSLER and PETRELLA.

The opinion of the court was delivered by PRESSLER, J.A.D.

This appeal presents a novel "other insurance" type of problem which raises important questions relating to the interpretation of the coordination of benefits provision of Blue Cross and Blue Shield group contracts. These questions arise in the context of an action brought by union members and their welfare fund seeking to have the union's medical expense reimbursement...

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