Magistrate’s Recommendation Rejected in Humana Case

This past March we wrote about the Magistrate’s recommendation to the Judge handling the Humana Insurance Co. v. Farmers Texas County Mutual Insurance Co. Cause No. 13-CV-611-LY to dismiss the claim. Our analysis of that recommendation can be found here. In brief, we...

Medicare Advantage Plan Prevails Against Beneficiary

In Cupp vs. Humana, the Federal District Court granted Humana, a Medicare Advantage Plan, dismissal of the complaint against it.   The Medicare beneficiary was involved in an automobile accident and injured. He presented a claim against the responsible driver, and its...

Settlement Enforced Where Parties Were Silent About Medicare

An appellate court in Oregon finds there is a binding settlement where the Medicare issue was not explored until after the case settled.   (See Rhoades v. Beck, 2014 Ore) In Rhoades the parties settled the personal injury case for a total of $20,500 ($15,000 to the...

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...