Emerson v. Medical Mutual of Ohio, Unpublished Decision (7-23-2004)

DECISION.

{¶ 1} In early 1994, plaintiff-appellant David Emerson was diagnosed with a form of bone cancer known as non-secretory multiple myeloma. At the time of his diagnosis, Emerson was the chief executive officer and one of four beneficial owners of The Emerson Press, Inc. ("Emerson Press"), a family business located in Cleveland, Ohio. Emerson Press provided for its employees a self-funded health insurance plan that was administered through a third party.

{¶ 2} Emerson was treated with radiation therapy, and he was symptom-free until January of 1995, when he experienced a recurrence of his…