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Case No. 17-0966

T. Zenon Pharmaceuticals LLC, (d/b/a Pharmacy Matters)
Wellmark, Inc. and Wellmark Health Plan of Iowa


T. Zenon Pharmaceuticals LLC, (d/b/a Pharmacy Matters)


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:
Nov 21, 2018

            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.

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