California Court of Appeal

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People ex rel. Gov. Employees Ins. Co. v. Cruz, 067061

In a a qui tam action brought by GEICO asserting statutory and common law claims for damages and civil penalties against defendant arising from her alleged involvement in an insurance fraud conspiracy, the trial court's granted of defendant's motion to bind plaintiff to certain interrogatory responses, and grant of her summary judgment motion on the basis those responses established GEICO was unable to prove its case against plaintiff, is reversed where a triable issue of facts exist about whether defendant: 1) violated Insurance Code section 1871.7(a) by maintaining an unlawful referral agreement; and 2) violated Penal Code section 550 by knowingly presenting false claims to GEICO with the intent to defraud.

Appellate Information

  • Decided
  • Published 2016/02/17

Judges

  • HALLER

Court

  • California Court of Appeal

Counsel

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