Contracts – breach of agreement

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Wisconsin Court of Appeals

Civil

Contracts – breach of agreement

In this breach-of-contract case, ProHealth Care, Inc., appeals from a judgment that denied its motion for partial summary judgment and granted summary judgment to HealthEOS By Multiplan, Inc. ProHealth contends that HealthEOS breached the parties’ Participating Provider Agreement by failing to provide a material feature of the agreement, namely, automatic quarterly reports. HealthEOS contends that ProHealth’s contract claim is barred both by the contract’s Limitation of Liability provision and by the voluntary payment doctrine, which HealthEOS raised as an affirmative defense.

Based on the record before us, we conclude that neither the Limitation of Liability provision nor the voluntary payment doctrine apply. Accordingly, we reverse the judgment and remand the matter for further proceedings. Not recommended for publication in the official reports.

2012AP2495 ProHealth Care Inc. v. HealthEOS By Multiplan Inc.

Dist II, Waukesha County, Kieffer, J., Gundrum, J.

Attorneys: For Appellant: Killoran, Grant C., Milwaukee; Dehler, Douglas P., Milwaukee; Now, Laura J., Milwaukee; For Respondent: Schellinger, Susan G., Milwaukee