Expected or Intended Defamation or Malicious Prosecution Suits Excluded

Post 4981

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Malicious Prosecution, Defamation, Intentional Acts, Knowing Violation of a Person’s Rights Excluded From Insurer’s Duty to Defend

American Insurance Company (“AIC”) appealed from a summary judgment entered in favor of Red Apple Enterprises Limited Partnership; United Resorts, Inc.; and Richard H. Upton (collectively “Red Apple”). The circuit court found as a matter of law AIC had a duty to defend Red Apple as its insured in a lawsuit filed by Windsong Enterprises, Inc. (“Windsong”). AIC argued that the circuit court erred (1) in finding that it owed a duty of defense to Red Apple and (2) in awarding damages, statutory penalties, and...

Attempt to Avoid Marijuana Exclusion with Claim of Business Interruption Fails

Post 4979

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No Coverage for Fire at Marijuana Farm Because Marjiuana was Excluded as were Growing Crops

No Coverage for Fire at Marijuana Farm Because Marjiuana was Exclluded as were Growing Crops

When a fire damaged its facility, equipment, and hundreds of marijuana plants, Plaintiff Theraplant, LLC (“Theraplant”) submitted several claims pursuant to its commercial insurance policy. Defendant National Fire & Marine Insurance Company (“National Fire”) denied Theraplant’s claim for business income loss.

In Theraplant, LLC v. National Fire & Marine Insurance Company, No. 3:22-CV-1095 (VDO), United States ...

Ninth Circuit Takes the Profit Out of Health Care Fraud

Post 4978

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FRAUD WILL BE DEFEATED & DETERRED BY TAKING THE PROFIT OUT OF THE CRIME

Julian Omidi and his business, Surgery Center Management, LLC (“SCM”), appealed from the district court’s forfeiture judgment of nearly $100 million, which came after a lengthy criminal health insurance fraud trial and years of litigation where Omidi and SCM were convicted of charges arising from their “Get Thin” scheme in which Omidi and SCM defrauded insurance companies by submitting false claims for reimbursement. The Ninth Circuit dealt with Omidi’s claim that the trial court erred when it allowed forfeiture under 18 U.S.C. § 981(a)(1)(C).

In United States Of America v. Julian Omidi, aka Combiz Julian Omidi, aka Combiz Omidi, aka Kambiz Omidi, aka Kambiz Beniamia Omidi, aka Ben Omidi, ...

What is the Meaning of “Void”

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“Void” can mean either void or voidable. Void is defined as “of no legal force or effect and so incapable of confirmation or ratification.”

Voidable is defined as “capable of being adjudged void, invalid and of no force (a voidable contract may be set aside usually at the option of one party).”[1] The Restatement 2d of Contracts defines a “voidable contract” as a valid transaction with legal consequences until the power of avoidance is exercised.

Although jurisdictions are split as to the meaning of void in this context the distinction is largely semantic since the actions required of insurers wishing to dispose of a void or voidable insurance contract are ultimately the same.

The full article is available only to subscribers to Excellence in Claims ...