Fla. Health Insurance Customers Get Cert. In $150M Fraud Suit
By Dorothy Atkins (February 1, 2021, 6:29 PM EST) -- A Florida federal judge certified multiple classes of health insurance customers accusing a Tampa-based health carrier of running a $150 million scam to get them to buy shoddy insurance policies, rejecting the company's challenge to certification under the so-called doctrine of reverse preemption.
Health Insurance Innovations Inc. had argued that proposed classes of tens of thousands of customers don't have standing to assert their federal claims under the McCarran-Ferguson Act's doctrine of reverse preemption, which preserves "the business of insurance" for states and expressly provides that state law preempts the federal law.
But in his 30-page order on Monday, U.S. District...
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