CCHC v. NORCAL Mutuals Inc. Co. CA2/4
Plaintiff Cardiovascular Consultants Heart Center (the Center) appeals from the summary judgment granted in favor of defendant NORCAL Mutual Insurance Company (NORCAL). The Center also challenges the denial of its own motion for summary adjudication. The issue in this appeal arises from the Center’s contention that NORCAL had a duty to defend the Center under a medical professional liability insurance policy in connection with civil investigative demands issued by the United Stated Department of Justice (DOJ). These demands alleged that the Center “submitted false claims to the U.S. Government for excessive, medically unnecessary, and/or inadequately documented cardiovascular procedures” in violation of the False Claims Act (31 U.S.C. §§ 3729-3733; FCA). We conclude NORCAL did not have a duty to defend as a matter of law and affirm the judgment.
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