California Court of Appeal Affirms No Coverage for False Claims Act Investigation Under Medical Professional Liability Policy

The California Court of Appeal has affirmed the Fresno County Superior Court’s grant of summary judgment to NORCAL Mutual Insurance Company, finding there was no potential for coverage for a False Claims Act investigation under a medical professional liability insurance policy, as the gravamen of such a claim is the presentation of false claims to the government, not any deficiencies in the underlying patient care.