Horizon West Inc. v. St. Paul Fire & Marine Insurance

MEMORANDUM OF OPINION AND ORDER

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.

*1076I.

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…