THE STATE EX REL. THE PLAIN DEALER ET AL.
v.
OHIO DEPT. OF INSURANCE ET AL.
Supreme Court of Ohio.https://leagle.com/images/logo.png
Submitted May 20, 1997
Decided December 5, 1997.
Attorney(s) appearing for the Case
Spater, Gittes, Schulte & Kolman, Frederick M. Gittes and Kathaleen B. Schulte, for relators.
Betty D. Montgomery, Attorney General; Isaac, Brant, Ledman & Teetor, Mark Landes and Michael R. Szolosi, Sr., Special Counsel, for respondents Ohio Department of Insurance and Harold T. Duryee, Superintendent/Director of Ohio Department of Insurance.
Porter, Wright, Morris & Arthur, Richard M. Markus, William J. Kelly, Jr., Kathleen M. Trafford and Constance M. Greaney; Climaco, Climaco, Seminatore, Lefkowitz & Garofoli Co., L.P.A., John R. Climaco and Douglas A. Andrews, for intervening respondent Blue Cross & Blue Shield Mutual of Ohio.
Cathy J. Levine, Julio Mateo, Jr. and Kathy Collins, in support of relators for amici curiae, Consumers Union and Community Catalyst.
Ellen Dollase Wilcox, in support of respondents for amicus curiae, National Association of Insurance Commissioners.
Draper, Hollenbaugh & Briscoe Co., L.P.A., H. Ritchey Hollenbaugh and David L. Petitjean, in support of respondents for amici curiae, Ohio Manufacturers' Associations and Ohio Chamber of Commerce.
Vorys, Sater, Seymour & Pease, William D. Kloss, C. William O'Neill and Laura Westfall Casey, for amicus curiae, Ohio Insurance Institute.
Bricker & Eckler, Thomas E. Workman and David A. Martin, for amicus curiae, Association of Ohio Life Insurance Companies.
Supreme Court of Ohio.
MOYER, C. J.
The question presented in this original action is whether, under R.C. 149.43, the relators are entitled to requested records held by the Ohio Department of Insurance and pertaining to the acquisition of Blue Cross by Columbia. Our analysis of the law and the evidence before us causes us to conclude that the Department must disclose the requested documents, as redacted by this court, pursuant to R.C. 149.43. We conclude that the documents are not confidential...
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