State Appellate Court Reinstates Plaintiff’s MSP Private Cause of Action Against No-Fault Insurer – “Demonstrated Responsibility” can be Established Without a Settlement, Judgment, or Award based on Insurance Contract

We recently posted a blog regarding CMS’ May 5th webinar wherein CMS expressed their intent to recover conditional payments in Ongoing Responsibility for Medical (ORM) cases. This statement during CMS’ webinar was somewhat of a surprise, as CMS’ recovery contractor...

Sixth Circuit Continues to Limit Use of MSP Private Cause of Action

Following on the heels of Michigan Spine and Brain Surgeons, PLLC v. State Farm Mut. Auto. Ins. Co., 2013 U.S. Dist. (E.D. Mich. 2013) and applying the principles set forth in Bio-Medical Applications of Tennessee, Inc., 656 F.3d 277 (6th Cir. 2011) the Sixth Circuit...