Opinion

Blue Cross and Blue Shield v. Hodurski

  • 899 So. 2d 949
  • 2004 WL 1588107
Court
Supreme Court of Alabama
Filed
Jul 16, 2004
Status
Published
Author
Woodall
On the bench
Lyons, Stuart, Woodall
Cited by
213 cases
Authority
More cited than 15.2%

" ‘ “Appellate review does not consist of supine submission to erroneous legal concepts even though none of the parties declaimed the applicable law below. Our duty is to enunciate.the law on the record facts. Neither the parties nor the trial judge, by agreement or passivity, can force us to abdicate our appellate responsibility” ’ ” (quoting Forshey v. Principi, 284 F.3d *404 1335, 1359 n. 20 (Fed.Cir.2002), quoting in turn Empire Life Ins. Co. of America v. Valdak Corp., 468 F.2d 330, 334 (5th Cir.1972))

How later courts described this case

  • " ‘ “Appellate review does not consist of supine submission to erroneous legal concepts even though none of the parties declaimed the applicable law below. Our duty is to enunciate.the law on the record facts. Neither the parties nor the trial judge, by agreement or passivity, can force us to abdicate our appellate responsibility” ’ ” (quoting Forshey v. Principi, 284 F.3d *404 1335, 1359 n. 20 (Fed.Cir.2002), quoting in turn Empire Life Ins. Co. of America v. Valdak Corp., 468 F.2d 330, 334 (5th Cir.1972))
  • " ‘ "Appellate review does not consist of supine submission to erroneous legal concepts.... Our duty to enunciate the law on the record facts. Neither the parties nor the trial judge, by agreement or by-passivity, can force us to abdicate our appellate responsibility.” ’ ” (quoting Forshey v. Principi, 284 F.3d 1335, 1357 n. 20 (Fed.Cir.2002), quoting in turn Empire Life Ins. Co. of America v. Valdak Corp., 468 F.2d 330, 334 (5th Cir.1972))
  • "This Court cannot avoid its obligation to affirm the trial court's judgment if that court has reached the correct result. . . ."
  • An appellate court “can affirm a judgment on a basis not asserted in the trial court.”

Written by the judges who cited it.

The opinion

In Blue Cross Blue Shield of Alabama, Inc. v. Nielsen , 714 So.2d 293 , 296-97 (Ala. 1998), this Court stated:

"[W]e conclude that the language of § 10-4-115

plainly and unambiguously states that corporations formed under § 10-4-110 et seq., as [BCBS] was, are not regulated by the insurance laws of this State unless § 10-4-110 et seq. are expressly amended to apply such laws. This interpretation is also supported by the wording of § 27-1-4 , which expressly states that laws appearing in the Alabama Insurance Code (Title 27) do not apply to companies, like [BCBS], that are organized under the provisions of § 10-4-100 , unless § 10-4-100 et seq. expressly provide that such laws apply."

The majority does not overrule Nielsen , and, in my opinion, construes the holding in Nielsen in an unduly narrow manner. Therefore, I respectfully dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.