Dierkes v. Blue Cross & Blue Shield of Missouri

JOHN C. HOLSTEIN, Judge.

Robert Dierkes and his mother, Emma Dierkes (plaintiffs), brought a class action suit against Blue Cross and Blue Shield of Missouri and Rightchoice Managed Care, Inc. (Blue Cross), alleging breach of contract, unjust enrichment, breach of duty of good faith and fair dealing, misrepresentation, and fraud. The action arose out of the failure of Blue Cross to secure state approval of increases in its premium rates for Medicare supplemental insurance (Me-digap). The trial court entered summary judgment for Blue Cross. Plaintiffs appealed. Following opinion by the Missouri…