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MEDICAL MUT. OF OHIO v. K. AMALIA ENTERPRISES INC.

No. 07-4422.

548 F.3d 383 (2008)

MEDICAL MUTUAL OF OHIO, Plaintiff-Appellant, v. K. AMALIA ENTERPRISES INC., et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 2, 2008.

Attorney(s) appearing for the Case

ARGUED: Timothy B. Pettorini, Critchfield, Critchfield & Johnston, Ltd., Wooster, Ohio, for Appellant. Christopher L. Lardiere, Lardiere Law Offices, LLC, Columbus, Ohio, Joel H. Mirman, Adams, Babner & Gitlitz, LLC, Columbus, Ohio, for Appellees. ON BRIEF: Timothy B. Pettorini, David J. Wigham, Critchfield, Critchfield & Johnston, Ltd., Wooster, Ohio, for Appellant. Christopher L. Lardiere, Lardiere Law Offices, Columbus, Ohio, Joel H. Mirman, Adams, Babner & Gitlitz, LLC, Columbus, Ohio, Stephen E. Chappelear, Jeffrey A. Yeager, Hahn, Loeser & Parks, L.L.P., Columbus, Ohio, for Appellees.

Before: MOORE and SUTTON, Circuit Judges; ALDRICH, District Judge.

OPINION

KAREN NELSON MOORE, Circuit Judge.

Plaintiff-Appellant Medical Mutual of Ohio ("MMO"), an insurance company, brought suit against Loan A. Tran ("Tran") and Khanh B. Luu ("Luu") for failing to disclose that their dependent son had a preexisting medical condition (hemophilia). MMO also included as defendants Tran's employer, k. Amalia Enterprises Inc. ("k. Amalia"), which contracted with MMO to provide group health insurance, and k. Amalia's Chief...

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