Yesterday, an opinion on a familiar case came out of the Sixth Circuit . The case is Duncan v. Liberty Mut. Ins. Co., Civil Action No. 16-CV-12570, 2019 U.S. Dist. LEXIS 106265 (E.D. Mich. June 25, 2019). You may recall that we discussed this case previously here on our blog in August, 2018. Last August, […] Continue
The Official Medicare Set Aside Blog And Information Resource
At the Intersection of a Longshore Act Claim and a Medicare Secondary Payer Act Claim: Which Side Wins?
An interesting case arose out of the United States Court of Appeals for the Ninth Circuit yesterday. The case is Grimm v. Vortex Marine Constr., No. 18-15104, 2019 U.S. App. LEXIS 11035 (9th Cir. Apr. 16, 2019), and involves an intersection of the Longshore and Harbor Workers’ Compensation Act (LHWCA), and the Medicare Secondary Payer […] Continue
Last week a Medicare Secondary Payer (MSP) case out of the 11th Circuit Court was issued (MSPA Claims 1, LLC v. Scottsdale Ins. Co., No. 18-21525-CIV-MORE, 2018 U.S. Dist. LEXIS 218675 (S.D. Fla. Dec. 12, 2018). The facts of the case essentially mirror recent other cases that we have seen: Plaintiff, MSPA Claims 1, LLC […] Continue
You may recall that we recently blogged about whether the Medicare Secondary Payer (MSP) Act, a Federal law, preempts State law. A Maryland case quite succinctly addressed this question several months ago finding that State law is not preempted by the MSP if certain conditions are met. This question was also addressed recently in a […] Continue
Last week, in MSPA Claims 1 v. Kingsway Amigo Ins. Co., the 11th Circuit addressed the appropriate application of the statute of limitations under the Medicare Secondary Payer Act (MSPA). At issue in the matter, was whether the Plaintiff, an assignee of a Medicare Advantage Organization (MAO), timely pursued a claim against the Defendant, a primary […] Continue