Horizon West Inc. v. St. Paul Fire and Marine Ins.
Opinion
Opinion
Norman C Hile, Orrick Herrington and Sutcliffe, LLP, Sacramento, CA, Craig Edward Farmer, Farmer Murphy Smith and Alliston, Sacramento, CA, Susan G Koontz, Law Offices of Susan G Koontz, Rocklin, CA, for Horizon West Inc, plaintiff.
Clark J Burnham, Burnham and Brown, Oakland, CA, for St Paul Fire and Marine Insurance Company, defendant.
LEVI, District Judge.
Several retirement homes (collectively "Horizon West") sued St. Paul Fire and Marine Insurance Co. ("St.Paul") for failing to defend Horizon West in a suit brought under the False Claims Act ("FCA"). St. Paul moves to dismiss the suit.
The facts of this case are largely undisputed. On April 4, 1997, Relators Foundation Aiding the Elderly and Marsha Baker (collectively "relators") filed a qui tam suit against Horizon West, alleging that Horizon West violated the FCA by submitting Medicare and Medicaid claims for services that were not provided, and by falsifying records to conceal substandard conditions at the nursing homes. At the time suit was filed, Horizon West held various insurance policies with St. Paul that indemnified Horizon West for liability incurred in its provision of professional services. On December 23,…