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ZURICH AMERICAN INS. v. O'HARA REG. CTR., REHAB.

Nos. 06-1357, 06-1370, 06-515.

529 F.3d 916 (2008)

ZURICH AMERICAN INSURANCE COMPANY, successor in interest to Zurich Insurance Company (U.S.Branch), Plaintiff-Appellee, Certain Underwriters at Lloyd's London who Subscribed to Policy No. 150; Valley Forge Insurance Company, a Pennsylvania insurance company, Plaintiffs-Counter-Defendants-Appellees, v. O'HARA REGIONAL CENTER FOR REHABILITATION, business form unknown; Certain Underwriters at Lloyd's London Subscribing to Policy No. 150, Defendants, and Health Care Management Partners, Ltd., doing business as O'Hara Regional Center for Rehabilitation; ORCR, Inc., doing business as O'Hara Regional Center for Rehabilitation; Solomon Health Management, LLC, doing business as Solomon Health Services, LLC; Hersch "Ari" Krausz; and David Sebbag, individuals; V. Robert Salazar, an individual, Defendants-Counter-Claimants-Appellants. Valley Forge Insurance Company, a Pennsylvania insurance company; Zurich American Insurance Company, successor in interest to Zurich Insurance Company (U.S.Branch), Petitioners, v. Certain Underwriters at Lloyd's London Who Subscribing Policy No. 150; Health Care Management Partners, Ltd., doing business as O'Hara Regional Center for Rehabilitation; ORCR, Inc., doing business as O'Hara Regional Center for Rehabilitation; Solomon Health Management, LLC, doing business as Solomon Health Services, LLC; Hersch "Ari" Krausz; David Sebbag; V. Robert Salazar, individuals, Respondents.

United States Court of Appeals, Tenth Circuit.

June 18, 2008.

Attorney(s) appearing for the Case

Submitted on the briefs.

Before LUCERO, HOLLOWAY, and TYMKOVICH, Circuit Judges.

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...

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