Tinman v. Blue Cross and Blue Shield

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, plaintiffs mother, llene Tinman, took plaintiff, then eleven years old, to the emergency room at William Beaumont Hospital in Detroit because he was vomiting and had a fever. Plaintiff,…