KSF News, Updates, & Insights
Lead Plaintiff Defeats Motion to Dismiss in Part in In Re Health Insurance Innovations
On June 28, 2019, the Hon. Elizabeth A. Kovachevich, United States District Court Judge for the Middle District of Florida, entered an Order denying, in part, defendants’ motion to dismiss. This matter, in which Kahn Swick & Foti is lead counsel, alleges that Health Insurance Innovations (“HII’s”) Quarterly Report for the Second Quarter of 2017 was misleading because it (i) conveyed the false impression that HII would not need a third party administrator (“TPA”) license to conduct its third-party insurance business in its home state of Florida and, (ii) misrepresented the reasons that the Florida Office of Insurance Regulation denied its application for a TPA license. Judge Kovachevitch agreed and also found the “pleaded facts demonstrate a strong inference that [Defendant Chief Financial Officer Michael] Hershberger acted with the requisite state of mind with respect to each act or omission alleged to violate the Exchange Act.”