01-3273 Aurora Health Care Ventures Inc., et al. v. Touchpoint Health Plan Inc.

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Aurora Health Care Ventures Inc. and Aurora Health Care Inc. appeal from an order denying their motion for a temporary injunction and summary judgment and granting Touchpoint Health Plan Inc.’s motion for judgment on the pleadings, thereby dismissing Aurora’s complaint. Aurora contends that: (1) the trial court erred when it denied its motion for summary judgment; (2) it is entitled to a permanent injunction; and (3) the trial court erred when it granted judgment to Touchpoint. Because the contractual language was ambiguous, the trial court erred in granting judgment to Touchpoint.

We reverse and remand with directions to the trial court to: (1) conduct a trial to determine the intent of the parties; and (2) conduct further proceedings necessary to resolve the issues of the alleged violation of anti-trust and insurance laws.

Not recommended for publication in the official reports.

Dist I, Milwaukee County, Dugan, J., Wedemeyer, P.J.

Attorneys:

For Appellant: Brian W. McGrath, Milwaukee; G. Michael Halfenger, Milwaukee; Caroline A. Hogan, Milwaukee

For Respondent: Richard T. Franch, Chicago, Ill.; Marshall J. Schmitt, Chicago, Ill.; Royce R. Bedward, Chicago, Ill.; Oliver J. Larson, Chicago, Ill.; Gregory B. Conway, Green Bay; Robert M. Charles, Green Bay