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Contracts
Breach of Contract
Breach of the Duty of Good Faith and Fair Dealing

Eric Taub, individually and on behalf of others similarly situated v. Blue Cross of California dba Anthem Blue Cross, and Does 1 through 100, inclusive

Published: Dec. 19, 2015 | Result Date: Aug. 21, 2015 | Filing Date: Jan. 1, 1900 |

Case number: BC457809 related to BC473408 Settlement –  $8,300,000

Court

L.A. Superior Central


Attorneys

Plaintiff

Steven P. Messner
(Shernoff Bidart & Echeverria LLP)

Harvey J. Rosenfield

Pamela M. Pressley

Michael J. Bidart
(Shernoff, Bidart & Echeveria LLP)

Matthew C. Clark
(Chain Cohn Stiles)

Jerry Flanagan

Ricardo Echeverria
(Shernoff, Bidart & Echeveria LLP)


Defendant

Kenneth N. Smersfelt
(Reed Smith LLP)

Kurt C. Peterson
(Reed Smith LLP)

Amir Shlesinger
(Reed Smith LLP)


Facts

Eric Taub filed a class action against Blue Cross of California, doing business as Anthem Blue Cross. The lawsuit was consolidated with another class action filed by Janet Kassouf, Alison Heath, and David Jacobson. The lawsuits concerned Blue Cross' mid-year policy changes.

Contentions

PLAINTIFFS' CONTENTIONS:
Plaintiff alleged that defendant Blue Cross instituted mid-year policy changes that increased insurers' out-of-pocket costs. Plaintiff asserted causes of action for breach of contract, breach of the implied covenant of good faith and fair dealing, declaration of rights under Code of Civil Procedure Section 1060, violations of the Consumer Legal Remedies Act, and violations of Unfair Competition Law.

Result

The parties agreed to an $8.3 million settlement, which included reimbursing around 50,000 California customers. It also agreed to stop making mid-year policy changes.


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