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ILL. HEALTH MAINTENANCE v. DEPT. OF INS.

Nos. 1-05-2422, 1-05-2548.

864 N.E.2d 798 (2007)

ILLINOIS HEALTH MAINTENANCE ORGANIZATION GUARANTY ASSOCIATION, Plaintiff-Appellee and Cross-Appellant, v. The DEPARTMENT OF INSURANCE, Deirdre K. Manna, Acting Director of the Department of Insurance, and Glenn R. Gasiorek, Defendants (University of Chicago Hospitals and University of Chicago Practice Plan, Defendants-Appellants and Cross-Appellees). University of Chicago Hospitals and University of Chicago Practice Plan, Plaintiffs-Appellants, v. Deirdre K. Manna, Acting Director of the Department of Insurance, Defendant (Illinois Health Maintenance Organization Guaranty Association, Defendant-Appellee).

Appellate Court of Illinois, First District, First Division.

Rehearing Denied March 30, 2007.

Attorney(s) appearing for the Case

Varga Berger Ledsky Hayes & Carey, Chicago (Michael V. Casey, of counsel), for Appellants University of Chicago Hospitals and University of Chicago Practice Plan.

Foley & Lardner LLP, Chicago (Wm. Carlisle Herbert, Mary Kay M. Martire and Derek L. Wright, of counsel), for Appellee Illinois Health Maintenance Organization Guaranty Association.

Mayer, Brown, Rowe & Maw LLP, Chicago (Alan J. Martin, Marc E. Rosenthal and Robert M. Dow, Jr., of counsel), for the Illinois Department of Insurance.

Justice ROBERT E. GORDON delivered the opinion of the court:

The central issue in these appeals is whether the Illinois Health Maintenance Organization Guaranty Association (Association) is liable to the University of Chicago Hospitals (Hospitals) and the University of Chicago Practice Plan (Practice Plan) (collectively, Providers) for unpaid claims for services rendered to enrollees of a health maintenance organization (HMO) which was declared insolvent. The Association...

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