Court Holds Doctor Cannot Establish Medical and Billing Reports Are Protected Activity

In People ex rel. Allstate Insurance Co. v. Rubin (‘Rubin’), the Fourth Appellate District, Division Three held that the trial court properly denied defendant’s anti-SLAPP motion because medical reports and bills in support of insurance claims were usual course of business and may not have resulted in litigation.

In Rubin, Allstate Insurance Company et al. (‘Allstate’) filed a complaint on behalf of itself and the People (qui tam) against Dr. Sonny Rubin and related medical providers (‘Defendants’).

Allstate alleged Dr. Rubin, who controls two medical companies with a portion of lien patients referred to him by attorneys (Sonny Rubin, M.D., Inc., and Coastal Spine and Orthopedic Specialists, Inc.), prepared fraudulent patient medical reports and billing statements in support of insurance claims.

Defendant Dr. Rubin filed an anti-SLAPP motion, arguing the preparation and submission of its medical reports and bills to insurance were protected litigation activities.

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