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AMERISOURCEBERGEN v. ACE AMERICAN INS. CO.

Nos. 2545 EDA 2013

100 A.3d 283 (2014)

2014 PA Super 198

AMERISOURCEBERGEN CORPORATION, Integrated Nephrology Network d/b/a/ Dialysis Purchasing Alliance, Inc., f/k/a International Nephrology Network, AmerisourceBergen Specialty Group and ASD Healthcare, Appellants v. ACE AMERICAN INSURANCE COMPANY, Appellee.

Superior Court of Pennsylvania.

Filed September 15, 2014.

Attorney(s) appearing for the Case

Ronald P. Schiller , Philadelphia, for appellants.

Stephen A. Cozen , Philadelphia, for appellee.

BEFORE: PANELLA, J., LAZARUS, J., and JENKINS, J.

OPINION BY JENKINS, J.

AmerisourceBergen Corporation, AmerisourceBergen Specialty Group, Integrated Nephrology Network, and ASD Healthcare (collectively "Amerisource") incurred attorney fees and related costs defending a False Claims Act1 lawsuit brought in Massachusetts federal court. Amerisource demanded that its insurer, ACE American Insurance Company ("ACE"), pay the attorney fees and costs, but ACE refused to pay on the basis of several...

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