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FORMAN v. GUARDIAN LIFE INS. CO. OF AM.

2927, 603709/08

76 A.D.3d 886 (2010)

908 N.Y.S.2d 27

BERTON FORMAN, M.D., et al., Respondents, v. THE GUARDIAN LIFE INSURANCE COMPANY OF AMERICA, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided September 21, 2010.

Plaintiff Berton Forman is a licensed anesthesiologist and the sole officer, director and shareholder of plaintiff Rockville Recovery Associates, Ltd. Forman and Rockville offer the service of auditing insurance claims of physicians and hospitals for possible fraud and assisting in the recovery of insurance funds fraudulently received by them. Defendant the Guardian Life Insurance Company of America is a health insurer.

Commencing in or about May 2003, Rockville and...

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