Roig Lawyers Firm Managing Partner Successfully Defends Client in Jury Trial

January 20, 2011

Roig Lawyers firm managing partner, Michael A. Rosenberg, successfully prevailed for the firm’s client in a jury trial, in the Circuit Court of Miami-Dade County, for damages against provider to recover monies for wrongfully paid Personal Injury Protection (PIP) benefits.

State Farm alleged that Sergio Montoya and S&B Medical Center arranged a staged accident and offered and paid one of the participants in the staged accident to claim he received treatment at S&B. During an Examination Under Oath (EUO), the patient confessed to the staged accident and not receiving any of the treatment billed for by S&B. The patient also explained how he was recruited, how the accident was planned, who he met with prior, who he met with at the clinic and the promises made to him. Specifically, the patient testified that he was offered money to “treat” at S&B.

Prior to the the EUO, State Farm paid S&B for some of the PIP benefits for the dates of service already billed for. The remaining bills were denied for fraud. As a result of the investigation, Montoya and another participant were arrested and charged with: organized scheme to defraud, insurance fraud and grand theft.

State Farm sued and claimed civil theft, Florida Deceptive and Unfair Trade Practices, common law fraud, and unjust enrichment. The jury deliberated for less than ten minutes and returned a verdict of treble damages of $15,600.00 for State Farm.