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CIGNA Obtains $14,371,384.95 Judgment Against Fraudulent Health Care Provider
\\nSince police, prosecutors and state insurance fraud investigators are seldom willing to arrest or prosecute insurance fraud perpetrators it is necessary for insurers to be proactive and sue those who attempt or succeed in defrauding insurers. In Connecticut General Life Insurance Company and CIGNA Health And Life Insurance Company v. Mike Ogbebor and Stafford Renal LLC, No. 3:21-cv-00954 (JAM), United States District Court, D. Connecticut (September 6, 2022) CIGNA successfully sued a fake provider and obtained a default judgment for almost $15 million against the corporate defendant and its alter ego individual. FACTS Stafford Renal LLC (Stafford) and its owner Mike Ogbebor, received insurance payments from the plaintiffs, Connecticut General Life Insurance Company and Cigna Health and Life Insurance Company (collectively, \\u201cCigna\\u201d), for dialysis Stafford claims to have administered to two Cigna plan members. Cigna alleged that Stafford was not licensed to provide, and in fact, did not provide these dialysis treatments. After Cigna filed its complaint Ogbebor submitted an answer on behalf of both defendants. The trial judge struck this answer with respect to Stafford because Ogbebor as a non-lawyer could not represent in court a limited liability company such as Stafford. Cigna then moved for a default entry against Stafford, which was granted based on Stafford\\u2019s failure to appear or respond. As for Ogbebor, he has failed to object or respond in any way to Cigna\\u2019s discovery requests. Ogbebor also failed to respond to a motion to compel discovery, despite the Court\\u2019s discovery order warning him that such failure might result in sanctions including default judgment. Cigna now moves for default judgment against both Stafford and Ogbebor. DISCUSSION When a defendant defaults, it thereby admits all well-pleaded factual allegations contained in the complaint. The trial court found that default judgment is the appropriate sanction in this case and that any lesser sanction would be futile in light of Ogbebor\\u2019s willful and total refusal to cooperate with this litigation since he was first served in February 2022 with discovery requests concerning information in his possession that is essential for the resolution of Cigna\\u2019s claims against him. CONCLUSION Judgment was entered against Mike Ogbebor and Stafford Renal LLC in the joint and several amount of $14,371,384.95, as well as a declaratory judgment that the plaintiffs are absolved of any liability to pay past or future claims submitted by Stafford Renal LLC.
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