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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
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
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."
