# Blue Cross and Blue Shield v. Hodurski

> Supreme Court of Alabama · July 16, 2004 · 899 So. 2d 949

URL: https://www.frixlaw.com/law-library/cases/9938516

## Case

- **Full name:** Blue Cross and Blue Shield of Alabama v. Donald Hodurski, M.D. Norman Hobbs and Samuel Irvine.
- **Court:** Supreme Court of Alabama
- **Decided:** July 16, 2004
- **Citations:** 899 So. 2d 949; 2004 WL 1588107
- **Precedential status:** Published
- **Opinion:** Dissent by Woodall
- **Judges:** Lyons, Stuart, Woodall
- **Cited by:** 213 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9938516

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9938516. Public record. Not legal advice.