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Stricker court adheres to dismissal of Medicare claims against liability insurers and others; rejects government's continuing accrual and tolling arguments

  • Wiley Rein LLP
  • -
  • USA
  • -
  • August 18 2011

In a significant victory for liability insurers and others, on Friday, August 12, 2011, United States District Court Judge Karon Owen Bowdre rejected the United States' motion to reconsider her September 30, 2010 order dismissing on statute of limitations grounds the Medicare recovery claims brought against the attorneys representing the Abernathy plaintiffs, the chemical companies sued in Abernathy as the alleged tortfeasor defendants and the chemical companies' liability insurance carriers

Coverage insights - July 21, 2011 - Medicare secondary payer issues heat up for insurers

  • Wiley Rein LLP
  • -
  • USA
  • -
  • July 21 2011

In recent rulings, courts increasingly are addressing claims concerning insurer rights and obligations under the Medicare secondary payer scheme

No insurer bad faith for delay of claim payment due to uncertain Medicare secondary payer obligations, says Kentucky court

  • Wiley Rein LLP
  • -
  • USA
  • -
  • July 20 2011

The United States District Court for the Western District of Kentucky, applying Kentucky law, has held that an insurer did not act in bad faith by delaying payment of policy limits until it determined the exact amount of what the court termed "a known Medicare lien."

Court denies federal private right of action to Medicare Advantage Plan seeking to step into secondary payer shoes of Medicare to sue liability insurer

  • Wiley Rein LLP
  • -
  • USA
  • -
  • June 30 2011

The United States District Court for the Eastern District of Pennsylvania joined a small but growing number of federal courts in rejecting a Medicare Advantage organization’s (MAO’s or MA Plan’s) assertion of a private right of action under the Medicare Advantage Program’s secondary payer provisions