Legal Opinion
Zurich American Insurance v. O'Hara Regional Center for Rehabilitation
Court of Appeals for the Tenth Circuit
Decided June 18, 2008No. 06-1357, 06-1370, 06-515PublishedCited by 27 opinions
1Opinion of the Court
TYMKOVICH, Circuit Judge.
The question presented in this consolidated case is whether general liability insurance policies trigger a duty to defend false billing claims made by the United States and the State of Colorado. O’Hara Regional Center for Rehabilitation argues that its insurance carriers should defend and indemnify it against the government’s lawsuit under the False Claims Act and state common law claims. We hold that the applicable insurance policies do not cover these types of claims.
Having jurisdiction pursuant to 28 U.S.C. § 1291, 1 and finding no error, we AFFIRM.
I. Background
Fac…
2Cases cited16 opinions
- Simms v. Oklahoma Ex Rel. Department of Mental Health & Substance Abuse ServicesCourt of Appeals for the Tenth Circuit · 1999
- Hecla Mining Co. v. New Hampshire Insurance Co.Supreme Court of Colorado · 1991
- Cyprus Amax Minerals Co. v. Lexington Insurance Co.Supreme Court of Colorado · 2003
- Marx v. Hartford Accident and Indemnity CompanyNebraska Supreme Court · 1968
- Nicodemus v. Union Pacific Corp.Court of Appeals for the Tenth Circuit · 2003
11 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Valley Forge Insurance v. Health Care Management Partners, Ltd.Court of Appeals for the Tenth Circuit · 2010
- Coll v. First American Title InsuranceCourt of Appeals for the Tenth Circuit · 2011
- Health Care Industry Liability Insurance Program v. Momence Meadows Nursing Center, Inc.Court of Appeals for the Seventh Circuit · 2009
- IberiaBank Corporation v. Illinois Union InsuranceCourt of Appeals for the Fifth Circuit · 2020
- Automax Hyundai South, L.L.C. v. Zurich American InsuranceCourt of Appeals for the Tenth Circuit · 2013
22 more not listed; retrieve them via the Exa API.