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Judge Nixes Office Depot's FCA Coverage Fight With AIG

Law360, New York (January 24, 2017, 2:02 PM EST) -- A California federal judge on Monday permanently dismissed Office Depot’s breach of contract lawsuit claiming AIG Specialty Insurance Co. owed it a defense of a whistleblower’s accusations that the supply giant overbilled public entities, which it settled in 2015 for $77.5 million.

On Jan. 4, U.S. District Judge Stephen V. Wilson granted AIG’s motion for quick judgment on Office Depot’s duty to defend claim, finding that coverage was precluded by Section 533 of the California Insurance Code, which says that an insurer is not liable for losses caused by an insured’s willful acts, and that the supplier did not have a...

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April 2, 2015

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