In short, NUFI says FORBA failed to disclose the fraud investigation by the DOJ, HHS and several state Attorney Generals. Nor did FORBA disclose that American Insurance, the insurance company that previously had them covered, cancelled their coverage due to "claims experience".
This took place through an insurance broker-Affinity Insurance d/b/a Dentist's Advantage. Affinity secured the policies for FORBA/Small Smiles in the beginning.
Then Affinity told FORBA American Insurance was not renewing their policies due to "claims experience" At that point FORBA asked Affinity to get them other insurance. Affinity was an "authorized dealer" so to speak for NUFI. So, Affinity secured insurance for FORBA, selling them a NUFI policy. (Affinity knew why FORBA had their insurance canceled, didn't they?)
Affinity wrote the insurance policies in August 2009 and onward they marched, according to the Complaint.
Then, came the investigations results and a multi million dollar settlement with the government. As well, a Corporate Integrity Agreement with Health and Human Services was made.
When FORBA Holding/Small Smiles Holding (New FORBA) filed suit against "Old FORBA" (The DeRose-Padula-Roump Bunch) crying foul, saying didn't know how bad Old FORBA really was, they ended up spilling the beans on how much they really knew and when they really knew it. Being Gypsies, Tramps and Thieves, it's hard to keep all the deception in order.
The Complaint against Old FORBA revealed facts that made it clear, the information New FORBA gave NUFI was, at worse, fraudulent and certainly misleading. (surprise surprise)
Basically NUFI is saying they didn't know what dirty rotten scoundrels New FORBA really was either. Just as New FORBA claimed against Old FORBA. In the suit New FORBA v Old FORBA, New FORBA admitting knowing in late 2007 they were being investigated.
Wouldn't it be funny if I had evidence NUFI knew or should have known all about the various investigations. Let's just say for example website visitor logs. Not saying I do, just saying it would be funny.
New FORBA filed suit against Old FORBA for the same reasons NUFI is filing suit against New FORBA. Pot, meet Kettle.
NUFI is asking the court to rescind the last two years of liability insurance coverage they had on New FORBA and all of its employees. Basically they are wanting to not have to pay up on any claims that will arise for the period 8-2008 through 9-26-2010.
Just as New FORBA is wanting to rewrite dentists employment contracts - in case the courts do not rescind and make void the NUFI insurance policies, they want the court to rewrite the policies on what is/was covered would be minimized.
Wonder if FORBA is looking for new insurance?
Good luck with that.
Click here to read the complaint.
The Policies/Exhibits are here;
No. 1 ; No. 2 ; No. 3 ; No. 4
Update:
The Tucson Inspection a few weeks ago, did NOT go well. After all this time, they still can't get it together. In the suit above, NUFI called it a "Raid"!
