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BLUE CROSS & BLUE SHIELD v. RIVERSIDE HOSPITAL

No. 57,667

237 Kan. 829 (1985)

703 P.2d 1384

BLUE CROSS AND BLUE SHIELD OF KANSAS, INC., Appellee-Cross/Appellant, v. RIVERSIDE HOSPITAL, an Osteopathic Institution, Appellant-Cross/Appellee.

Supreme Court of Kansas.

Opinion filed July 26, 1985.

Attorney(s) appearing for the Case

Patricia M. Dengler, of Smith, Shay, Farmer & Wetta, of Wichita, argued the cause, and William C. Farmer, of the same firm, was with her on the briefs for appellant-cross/appellee.

Charles R. Hay, of Goodell, Stratton, Edmonds & Palmer, of Topeka, argued the cause and was on the brief for appellee-cross/appellant.

Thomas E. Wright, of Fisher, Heck and Wright, P.A., of Topeka, was on the amicus curiae brief for the Blue Cross and Blue Shield Association.

The opinion of the court was delivered by

McFARLAND, J.:

This is a dispute between two employee health care group plans as to which plan has primary coverage and which plan has secondary coverage relative to certain medical expense claims.

BACKGROUND FACTS

The facts are not in dispute and may be summarized as follows. Leslie Stadalman is an employee of defendant Riverside Hospital and, as such, is a "covered person" under that institution's...

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