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EMPLOYERS INS. v. FIRST STATE ORTHOPAEDICS

No. 27, 2023D.

312 A.3d 597 (2024)

EMPLOYERS INSURANCE COMPANY OF WAUSAU; Helmsman Management Services, LLC; Liberty Insurance Corporation; Liberty Mutual Fire Insurance Company; LM Insurance Corporation; the First Liberty Insurance Corporation; and Wausau Underwriters Insurance Company, Defendants Below, Appellants/Cross-Appellees, v. FIRST STATE ORTHOPAEDICS, P.A., on behalf of itself and all others similarly situated, Plaintiff Below, Appellee/Cross-Appellant.

Supreme Court of Delaware.

Decided: January 8, 2024.

Revised: January 17, 2024.

Attorney(s) appearing for the Case

Kevin J. Connors, Esquire , MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN, Wilmington, Delaware; Andrew Hatchett, Esquire (argued), Tiffany Powers, Esquire , ALSTON & BIRD LLP, Atlanta, Georgia, for Defendants Below, Appellants/Cross-Appellees Employers Insurance Company of Wausau, et al.

John S. Spadaro, Esquire (argued), JOHN SHEEHAN SPADARO, LLC, Wilmington, Delaware; Jonathan L. Parshall, Esquire , Lauren A. Cirrinicione, Esquire , MURPHY & LANDON, Wilmington, Delaware, for Plaintiff Below, Appellee/Cross-Appellant First State Orthopaedics.

Before VALIHURA, TRAYNOR, LEGROW, GRIFFITHS, Justices; and DANBERG, Chief Judge, constituting the Court en Banc.

Each side in this declaratory judgment action appeals aspects of the Superior Court's decision awarding summary judgment to the appellee. Despite the numerous issues the parties raised, resolution of this appeal turns on the appellee's standing to file this action. The appellee's complaint sought a declaration that a billing code...

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