MSP Places New Emphasis on Non-Ambiguous Release Language
Jeff Signor
December 4, 2013

The proliferation of computers, tablets and other devices that increase our productivity can also be a liability as we rely more and more on templates to complete our Release documents.  The following case re-emphasizes the power of the Release when dealing Medicare Secondary Payer issues after a settlement.  What the Parties say, and how clear it is, has consequences.  When dealing with Medicare, pause, and take a look at how the Parties plan to manage the Medicare issues.  In this case, (Holmes v. Solon Automated Services and Specialty Risk Services, Inc., 2013 N.C.) the issue was what to do with the Medicare Set Aside seed money and expected annuity payments when the claimant died shortly after the settlement was reached but before the documents were inked.  Both Parties felt entitled to the funds, but the Court went to the Release Agreement and the memorialized Agreement which occurred at the time of settlement, to arrive at a decision.  The decision underscores the need to have “upon death” language in the Release and Mediated Agreement at time the case settles. 

Is your Release clear and unambiguous and also anticipating of the Medicare issues that could arise?  Call us, we can review your documents and offer suggestions to anticipate these and other issues that will save on defense costs.  When a case is settled, there is no need for litigation because of Medicare.  Call us today.

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