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Mealey's Insurance - Judge: Insurer Has Enough Evidence For Fraud Claim Against Insured, Caregiver

OKLAHOMA CITY - An insurance company that reimbursed a former orthopedic surgeon for services that assisted him with activities of daily living (ADLs) has sufficient evidence to pursue claims for fraud and deceit against the insured and his caregiver, a federal judge in Oklahoma ruled Dec. 17 in denying the defendants' motion for partial summary judgment, holding that the record shows that the defendants created a payment mechanism that misrepresented how the payment of the insured's claims were being distributed (Allianz Life Insurance Co. of North America v. Gene L. Muse, et al., No. CIV-17-1361-G, W.D. Okla., 2019 U.S. Dist. LEXIS 217444).
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