Lillian Metzger, et al. v. Jessica Weiner, et al.,Fresno County Superior Court Case No. 601098-7
Jan 12, 2000OUTCOME: Prevailed against motion to exclude evidence.
An insurance company brought a motion to exclude all evidence of a medical provider's treatment at trial, asserting that they were rendered in a DC/MD group practice that was illegally structured. The ... medical group's brief contended that the insurance company was attempting to act like a state regulatory agency solely for the purposes of enriching itself; that the insurance company lacked standing to function as a private attorney general; that if the insurance company felt that anything improper had occurred, it had the same remedy as any other citizen of the State of California: to file a complaint with the appropriate regulatory agencies. The court rejected the insurance company's motion and the medical group prevailed. The judge said on the record that he considered it "abuse" for the motion to have been brought before the court in the first instance (www.chiroweb.com/mpacms/dc/article.php?id=31491).
