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CAROLINA CARE PLAN v. UNITED HEALTHCARE

No. 25879.

361 S.C. 544 (2004)

606 S.E.2d 752

CAROLINA CARE PLAN, INC. (f/k/a Physicians Health Plan, Inc.), Appellant, v. UNITED HEALTHCARE SERVICES, INC., United Health Group, Incorporated, United HealthCare Insurance Co., Ronald H. Harms, and Edward L. Graves, Respondents.

Supreme Court of South Carolina.

Filed October 18, 2004.

Rehearing Denied January 6, 2005.

Attorney(s) appearing for the Case

C. Mitchell Brown, Kevin A. Hall, Jeffrey S. Patterson, and Elizabeth H. Campbell, all of Nelson Mullins Riley & Scarborough, of Columbia, for Appellant.

Eliott R. Good, Michael J. Zaretsky, and Michael W. DeWitt, all of Chorpenning Good & Pandora, of Columbus, OH; Gregory S. Coleman, of Well, Gotshal & Manges, LLP, of Austin, TX; Susan P. McWilliams and Angus H. Macaulay, Jr., both of Nexsen, Pruet, Jacobs & Pollard, of Columbia, for Respondents.

Justice WALLER:

The trial court granted respondents' 12(b)(6), SCRCP, motion to dismiss three of appellant's causes of action, granted respondents' motion to compel arbitration, and stayed petitioner's remaining claims pending the outcome of arbitration. Appellants appealed to the Court of Appeals, and this Court certified the case for review pursuant to Rule 204(b), SCACR. We affirm.

FACTS

Appellant (CCP) is a health maintenance organization (HMO...

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