SAN FRANCISCO – An insurer alleges two San Mateo County individuals misrepresented facts about their claims for benefit coverage and seeks reimbursement for all policy benefits paid.
Lincoln Benefit Life Co. filed a complaint on Oct. 4 in the U.S. District Court for the Northern District of California against Briceida Ryan and Silvia Cammareri alleging fraud and conversion.
According to the complaint, the plaintiff alleges that from Jan. 7, 2010, through July 20, it paid Ryan a total of $456,462.60 in policy benefits for her claim for long-term care caused by her brain tumor condition. The suit states that Ryan submitted her Caregiver Activity Notes stating that Cammareri had worked seven days a week, 24 hours a day, for more than 6 years as Ryan's caregiver.
The plaintiff alleges that this is not true, as a social media check found that Cammareri gave birth during periods she was declared to be on duty and that Cammareri's rarely visited Ryan's home. The plaintiff also alleges Ryan runs her own home-based graphic design business and engaged in daily activities without assistance from Cammareri.
The plaintiff holds Ryan, Cammareri and Does 1-10 responsible because the defendants allegedly deceived plaintiff to pay policy benefits to which they were not entitled and obtained substantial amount at the expense of plaintiff.
The plaintiff requests a trial by jury and seeks judgment against defendants, declaration of reimbursement of all policy benefits, damages, attorneys' fees, costs incurred and further relief as the court may deem proper. It is represented by Julian J. Pardini and John T. Burnite of Lewis Brisbois Bisgaard & Smith LLP in San Francisco.
U.S. District Court for the Northern District of California Case number 3:16-cv-05625