Texas Mutual Insurance Co. v. Eckerd Corp.

OPINION

DAVID PURYEAR, Justice.

This case involves cross appeals by the plaintiffs and defendants below. Both hinge on whether an insurance company, when it alleges that a health care provider has overcharged it for prescription drugs dispensed under the Texas Workers’ Compensation Act (the Act), must first exhaust remedies provided in the Act before bringing suit in court.

Appellant and plaintiff below, Texas Mutual Insurance Company (Texas Mutual), appeals the district court’s grant of partial summary judgment in favor of appellees and defendants below, Eckerd Corp., H.E. Butt Grocery Co.,…