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Category Archives: Health Law

Hagerty v. Cyberonics, Inc.

(United States First Circuit) – In a qui tam action alleging, among other things, that defendant violated the False Claims Act (FCA), 31 U.S.C. section 3729 et seq., and related state statutes, by promoting medically unnecessary replacements of batteries in nerve stimulator devices used to…

Sanders v. Phoenix Ins. Co.

(United States First Circuit) – In a diversity suit arising from the refusal of insurer-defendant to defend and/or indemnify its named insured, an attorney, against claims of a plaintiff suing in his capacities as executor of the estate of a woman with whom the attorney…

State Farm Fire & Casualty Co. v. US ex rel. Rigsby

(United States Supreme Court) – In a qui tam suit under the False Claims Act (FCA), 31 U. S. C. sections 3729-3730, filed under seal by former insurance claims adjuster-relators against insurer-defendant in the wake of Hurricane Katrina, claiming that defendant instructed relators and other…

Advent, Inc. v. National Union Fire Ins. Co. of Pittsburgh, PA

(California Court of Appeal) – In a complex insurance coverage action involving multiple primary and excess insurers and policies, arising out of an injury that a worker sustained during a construction project, the trial court’s judgment is affirmed where it did not err when it…

Tidwell Enterprises v. Financial Pacific Ins. Co.

(California Court of Appeal) – In an insurance coverage action, arising out of a suit brought by a homeowner’s insurer against a contractor who installed a fireplace that caused a fire which destroyed the home, the trial court’s grant of summary judgment that contractor’s insurer…

Moore v. Mercer

(California Court of Appeal) – In a negligence action arising out of a car collision, the trial court’s judgment in favor of uninsured plaintiff is affirmed where: 1) Howell v. Hamilton Meats & Provisions, Inc. (2011) does not cap a plaintiff’s damages to the amount…

Mills v. AAA Northern CA, NV and Utah Ins. Exch.

(California Court of Appeal) – In a suit against an insurance company that denied uninsured motorist coverage to a third party beneficiary injured in an automobile accident because it had cancelled the policy before the accident occurred, brought by the third party, the trial court’s…

US v. United Healthcare Ins. Co.

(United States Ninth Circuit) – In a qui tam action alleging that defendant Medicare Advantage organizations submitted false certifications in violation of the False Claims Act, the District Court’s judgment dismissing without leave to amend qui tam relator’s third amended complaint is remanded with instructions…

Ace American Ins. Co. v. Fireman’s Fund Ins. Co.

(California Court of Appeal) – In an equitable subrogation suit by an excess insurer against the primary insurer of a film set, on which a film industry worker was seriously injured, alleging that the injured worker initially offered to settle his case within the limits…

Barickman v. Mercury Casualty Co.

(California Court of Appeal) – In an insurance law action, following a trial by reference arising from a car accident and resulting dispute over settlement, the trial court’s entry of judgment is affirmed where the evidence presented at trial supports the referee’s finding that defendant…

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