CHANDLER v. BLUE CROSS BLUE SHIELD

No. 890540.

833 P.2d 356 (1992)

Dr. Thomas E. CHANDLER, Dr. Michael E. Allen, Dr. Clark Fullmer, Dr. Rodney W. Livingston, Dr. Garth L. Nelson, Dr. Gene M. Richards, Dr. Phillip H. Spencer, Dr. Clive C. Ingram, Dr. David B. Hincks, Dr. Aldean Washburn, and Dr. Paul R. Olsen, individually and on behalf of Members of the Utah Dental Association, Plaintiffs and Appellees, v. BLUE CROSS BLUE SHIELD OF UTAH, Massachusetts Mutual Life Insurance Company, a Massachusetts corporation, Gary D. Henderson, Steven G. Sholy, and Utah Dental Association, a Utah incorporated association, Defendants and Appellants.

Supreme Court of Utah.

May 15, 1992.


Attorney(s) appearing for the Case

Norman J. Younker, Michael L. Chidester, Salt Lake City, for plaintiffs and appellees.

Timothy C. Houpt, Salt Lake City, for Blue Cross Blue Shield.

Phillip S. Ferguson, Salt Lake City, for Massachusetts Mut. Life Ins. Co.

D. Gary Christian, Heinz J. Mahler, Salt Lake City, for Steven G. Sholy and Gary D. Henderson.

David G. Williams, Salt Lake City, for Utah Dental Ass'n.


HALL, Chief Justice:

Defendant Blue Cross Blue Shield of Utah appeals the denial of its motion to compel arbitration. We affirm.

The plaintiffs in this action are members of the Utah Dental Association ("UDA"). In November of 1987, plaintiffs filed a complaint in the Third Judicial District Court asserting that Massachusetts Mutual Life Insurance Company, Massachusetts Mutual agents Gary D. Henderson and Steven G. Sholy, and the UDA are liable for the cancellation...

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