Zurich American Insurance Co. v. O'Hara Regional Center for Rehabilitation
United States Court of Appeals for the Tenth Circuit
529 F.3d 916 (2008)
- Written by Rich Walter, JD
Facts
Zurich American Insurance Company and two other companies (insurers) (plaintiffs) insured O’Hara Regional Center for Rehabilitation (O’Hara) (defendant), a nursing-care facility, under policies that provided professional-services-liability coverage. The federal government charged O’Hara with having fraudulently overcharged Medicare and Medicaid for medical services that O’Hara supplied below the staffing levels stipulated in its service agreements. The insurers agreed to defend O’Hara only under reservations of the insurers’ rights and sued for a declaratory judgment relieving them of any liability under their professional-services policies. A federal district court entered summary judgment for the insurers. O’Hara appealed to the Tenth Circuit.
Rule of Law
Issue
Holding and Reasoning (Tymkovich, J.)
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