T. Zenon Pharmaceuticals LLC, (d/b/a Pharmacy Matters)
v.
Wellmark, Inc. and Wellmark Health Plan of Iowa
Appellee
T. Zenon Pharmaceuticals LLC, (d/b/a Pharmacy Matters)
Appellant
Wellmark, Inc. and Wellmark Health Plan of Iowa
Attorneys for the Appellee
Anthony Paduano and Jason Joseph Snyder
Richard C. Garberson and Nancy J. Penner
Attorney for the Appellant
John F. Lorentzen, Kevin H. Collins, and Sarah J. Gayer
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Johnson County, Paul D. Miller, Judge. AFFIRMED IN PART AND REVERSED IN PART ON APPEAL; AFFIRMED ON CROSS APPEAL. Heard by Vogel, P.J., Tabor, J., and Carr, S.J. Opinion by Tabor, J. (15 pages)
Mutual insurance company Wellmark, Inc. (Wellmark) appeals the district court’s award of damages and attorney fees for Wellmark’s breach of its contract with T. Zenon Pharmaceuticals (d/b/a and hereinafter referred to as Pharmacy Matters). OPINION HOLDS: Because the district court’s calculation of damages was supported by sufficient evidence and properly awarded interest, we affirm the damage award. But because common-law attorney fees were not justified, we reverse with respect to attorney fees and remand for entry of judgment consistent with our opinion.