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DARDINGER v. ANTHEM BLUE CROSS & BLUE SHIELD

No. 2001-1222.

98 Ohio St.3d 77 (2002)

2002-Ohio-7113

DARDINGER, EXR., v. ANTHEM BLUE CROSS & BLUE SHIELD ET AL., APPELLEES.

Supreme Court of Ohio.

Decided December 20, 2002.

Attorney(s) appearing for the Case

Palmer Volkema & Thomas, L.P.A.; Robert G. Palmer, Michael S. Miller, Tony C. Merry and Elizabeth S. Burkett, for appellant.

Thompson Hine, L.L.P., Earle Jay Maiman and Renee S. Filiatraut, for appellees.

Bricker & Eckler, L.L.P., Kurtis A Tunnell and Anne Marie Sferra, urging affirmance for amicus curiae Ohio Alliance for Civil Justice.

Vorys, Sater, Seymour & Pease, L.L.P.; Michael J. Canter and Lisa Pierce Reisz, urging affirmance for amici curiae Ohio Chamber of Commerce and Ohio Council of Retail Merchants.

PFEIFER, J.

Factual Background

{¶ 1} There are two factual portions of this case relevant to our determination. The first set of facts is that which gives rise to the claims of the plaintiffs for breach of contract, bad faith, and punitive damages. The second set of facts is relevant in determining whether defendant Anthem Insurance Companies, Inc., waived a possible defense.

The Claim

{¶ 2} The plaintiff-appellant in this case...

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