Legal Opinion · Concurring in part, dissenting in part

Missouri Consolidated Health Care Plan v. Community Health Plan

Missouri Court of Appeals

Decided March 29, 2002No. WD 59012, WD 59076Published

1Concurring in part, dissenting in partHarold L. Lowenstein, Judge

I. Did the Plaintiff Make a Case on the Counts for Misrepresentation and Breach of Covenant of Good Faith and Fair Dealing?

The central issue before the court is whether the defendant, a state entity seeking bids on health insurance for state workers, is liable to the plaintiff, Community, because it materially misrepresented facts about the contract Community was making a bid upon. The evidence favorable to the submissions showed that during the negotiations, the highest ranking person of MCHCP deliberately told the bidder that no historical figures were available to determine whether the…

2Cases cited20 opinions

  1. United States v. SpearinSupreme Court of the United States · 1918
  2. Hollerbach v. United StatesSupreme Court of the United States · 1914
  3. Warner Construction Corp. v. City of Los AngelesCalifornia Supreme Court · 1970
  4. Craig v. Jo B. Gardner, Inc.Supreme Court of Missouri · 1979
  5. Howard Contracting, Inc. v. G.A. MacDonald Construction Co.California Court of Appeal · 1999

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