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TINMAN v. BLUE CROSS AND BLUE SHIELD

Docket No. 243652.

692 N.W.2d 58 (2004)

264 Mich. App. 546

Tzvih TINMAN, a minor, by his next friend(s) Ilene Tinman and/or Michael Tinman, on behalf of himself and all other similarly situated, Plaintiff-Appellee, v. BLUE CROSS AND BLUE SHIELD OF MICHIGAN, Defendant-Appellant.

Court of Appeals of Michigan.

Decided December 7, 2004, at 9:05 a.m.

Released for Publication February 9, 2005.

Attorney(s) appearing for the Case

Elwood S. Simon & Associates, P.C. (by Elwood S. Simon, Michael G. Wassman, and Lance C. Young), Birmingham, and Lebenbom & Pernick, LLP (by Stuart Lebenbom), Detroit, for the plaintiffs.

Bodman, Longley & Dahling LLP (by James J. Walsh, Julie A. Lawson, and G. Christopher Bernard), Ann Arbor, and Joseph W. Murray and Colleen C. Cohan, Detroit, for the defendant.

Before: MARKEY, P.J., and WILDER and METER, JJ.

WILDER, J.

In this class action, defendant appeals by leave granted the trial court's denial of defendant's motion to decertify the class action. We reverse.

I

At all times relevant to this appeal, plaintiff, Tzvih Tinman, was provided health care coverage through the contract (also known as a "certificate") between his father, Michael Tinman, and defendant, Blue Cross and Blue Shield of Michigan (BCBSM). On June 14, 1999, plaintiff's mother, Ilene...

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