Fla. Clinic Wants Reversal Of State Farm's Win In Billing Fight
Litigation attorney David Spector was quoted in Law360 about an appeal filed by a Florida health care clinic disputing State Farm’s “win” in the insurer’s suit over $4.7 million in allegedly fraudulent billing.
Mr. Spector told the court that a defendant always bears the burden of showing why an affirmative defense should be granted, and in this case, Lorites had to show that the insurer did not do its due diligence. He did not, according to Mr. Spector.
"There is no record evidence of what State Farm knew," He said. "It is always the defendant's burden to show that the plaintiff did not act diligently or reasonably to investigate the facts. All we have are self-serving conclusory statements that State Farm was aware."
The case is Muse et al. v. State Farm Mutual Automobile Insurance Co. et al., case number 20-13319, in the U.S. Court of Appeals for the Eleventh Circuit.
State Farm is represented by Ilene L. Pabian, David I. Spector and Caitlin F. Saladrigas of Holland & Knight LLP.
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