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February 24, 2021
Yesterday, individual and corporate defendants litigating an insurance fraud dispute related to Roche’s blood-glucose test strips settled the matter for approximately $43.3 million. The plaintiffs, Roche Diagnostics Corporation and Roche Diabetes Care, Inc. (together, Roche), filed an unopposed motion for the entry of consent judgment and permanent injunction coupled with the litigants’ proposed agreement.
The Northern District of Alabama lawsuit originated in 2018 when Roche, a multinational healthcare business and diabetic test strip manufacturer, complained that Priority Healthcare Corporation as well as the individuals controlling the pharmacy network located primarily in Alabama and Mississippi, (collectively, Priority Care), submitted fraudulent rebate adjudications to insurance companies and pharmacy benefit managers for Roche’s test strips. In particular, the defendants purportedly billed insurance companies for blood-glucose t
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Last summer, we wrote about two principles of New York law that could provide a path to insurance coverage for businesses hit hard by the economic losses resulting from Governor Cuomo’s COVID-19-related shutdown orders. Although we noted that businesses seeking such coverage would likely face an uphill battle, we proposed that recovery under certain business interruption policies might be available in New York because: 1) an insurable loss of use occurred even without physical damage to the covered property; and/or 2) the policy’s “civil authority” clause extended to closures resulting from Governor Cuomo’s orders.