A Florida insurance company told a New Jersey federal judge Friday it has agreed to dismiss its lawsuit alleging that a group of insurance and marketing businesses conspired to illegally sell health plans associated with Native American tribes.
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On Wednesday in the Southern District of Florida, ABS Healthcare Services, Health Option One LLC, and One Stop Quotes Inc. (OSQ) filed a complaint against various individuals and entities over allegations that the defendants operated a scheme to misappropriate the plaintiffs’ confidential business information through racketeering.
The plaintiffs summarized their allegations astutely at the top of their complaint: “This case is about dishonesty, fraud, and greed.” ABS and Health Option One, both doing business as health and life insurer Insurance Care Direct (ICD), along with OSQ, alleged that two of the defendants, Andrew and Corey Shader both former ICD employees began and have been directing a group of individuals and organizations to “surreptitiously and illicitly compete with ICD” through stealing trade secrets, proprietary information, and the plaintiffs’ customer base to enrich themselves.
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When it comes to arbitration provisions, you may get more than you bargained for. The Third District Court of Appeals recently confirmed that by signing an arbitration provision, the signatory may be forced to arbitrate by a non-signatory.
On March 17, 2021, the Third DCA issued the opinion in
Kratos Investments vs. ABS Healthcare Services, et al. The Third DCA relied on the doctrine of equitable estoppel to prevent the signatory to an arbitration agreement, ABS, from avoiding the arbitration clause of an agreement it negotiated. The arbitration dispute between the parties arose after ABS sued Kratos over an alleged scheme to steal ABS’ business. ABS alleged that Kratos conspired with ABS’s own agents in a scheme to steal ABS’s business by illegally soliciting ABS’s customers and misappropriating ABS’s confidential information and trade secrets. ABS also sued eight of its own agents.