FRANCESCO v. GROUP HEALTH INC.

No. 79 EDA 2008.

964 A.2d 897 (2008)

Jerry FRANCESCO, Assignee of PenTech Infusions, Inc, Appellant v. GROUP HEALTH INCORPORATED, a/k/a and/or d/b/a GHI, Appellee.

Superior Court of Pennsylvania.

Filed December 18, 2008.

Reargument Denied February 26, 2009.


Attorney(s) appearing for the Case

Alan S. Gold, Jenkintown, for appellant.

Anthony Creato, West Conshohocken, for appellee.

BEFORE: LALLY-GREEN, KLEIN, and GANTMAN, JJ.


OPINION BY LALLY-GREEN, J.:

¶ 1 Appellant, Jerry Francesco, as assignee of PenTech Infusions, Inc. ("PenTech"), appeals from the trial court's December 12, 2007 order sustaining the preliminary objections of Appellee, Group Health Incorporated (GHI) and dismissing Appellant's complaint. We vacate and remand.

¶ 2 This dispute arises from an alleged agreement between GHI, a health care insurer, and PenTech, a provider of health care supplies. PenTech...

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