AMAZING HOME CARE SERVICES, LLC v. APPLIED UNDERWRITERS CAPTIVE RISK ASSUR. CO. INC.

Index No. 650789/18. Appeal No. 12807. Case No. 2019-05452.

191 A.D.3d 516 (2021)

142 N.Y.S.3d 507

2021 NY Slip Op 00986

Amazing Home Care Services, LLC, et al., Respondents, v. Applied Underwriters Captive Risk Assurance Company Inc. et al., Appellants, et al., Defendants.

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

Decided February 16, 2021.


Attorney(s) appearing for the Case

DLA Piper LLP (US), New York ( Anthony P. Coles of counsel), for appellants.

Lipsius-BenHaim Law, LLP, Kew Gardens ( Alexander J. Sperber of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Kapnick, Moulton, González, Scarpulla, JJ.


Plaintiffs are approximately 40 New York-affiliated entities in the healthcare business. The Applied defendants are 11 entities that marketed and sold workers' compensation insurance policies to plaintiffs. The alleged insurance policy at issue here is the Reissuance Participation Agreement (RPA), to which all plaintiffs and defendant Applied Underwriters Captive Risk Assurance Company (AUCRA) are signatories. Plaintiffs allege that defendants engaged in a fraudulent scheme...

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