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AFFINITY LIVING GROUP v. STARSTONE SPECIALTY INS.

No. 18-2376.

959 F.3d 634 (2020)

AFFINITY LIVING GROUP, LLC; Charles E. Trefzger, Jr., Plaintiffs-Appellants, v. STARSTONE SPECIALTY INSURANCE COMPANY, Defendant-Appellee, and Homeland Insurance Company of New York, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided: May 26, 2020.

Attorney(s) appearing for the Case

ARGUED: Carl Abbott Salisbury , BRAMNICK, RODRIGUEZ, GRABAS, ARNOLD & MANGAN, LLC, Scotch Plains, New Jersey, for Appellants. David L. Brown , GOLDBERG SEGALLA LLP, Greensboro, North Carolina, for Appellee. ON BRIEF: Thomas W. Waldrep, Jr. , Francisco T. Morales , WALDREP LLP, Winston-Salem, North Carolina, for Appellants. Martha P. Brown , GOLDBERG SEGALLA LLP, Greensboro, North Carolina, for Appellee.

Vacated and remanded by published opinion. Judge Richardson wrote the opinion, in which Judge Harris joined. Judge King wrote a dissenting opinion.

Affinity Living Group, LLC and Charles E. Trefzger, Jr. (collectively, "Affinity") were sued for allegedly submitting Medicaid reimbursement claims for services that they never provided. Affinity then sought coverage for the suit under its insurance policy with StarStone Specialty Insurance Company. StarStone denied coverage...

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