Legal Opinion
Ocean Harbor Cas. Ins. v. MSPA Claims, 1
District Court of Appeal of Florida
Decided September 26, 2018No. 3D17-392PublishedCited by 4 opinions
1Opinion of the CourtLogue, J.
MSPA Claims 1, LLC ("MSPA") asserts it is an assignee of Florida Healthcare Plus, Inc., a defunct Medicare Advantage Organization ("MAO"). MSPA filed a class action seeking to represent other MAO's to prosecute a private cause of action for double damages under the Medicare Secondary Payer Act, 42 U.S.C. § 1395y(b)(3)(A), against Ocean Harbor Casualty Insurance Company, a Florida no-fault automobile insurer.1 In its complaint, MSPA seeks reimbursement for the medical bills of Ocean Harbor's no-fault insureds which were paid by MSPA's alleged assignor under Medicare, but which should have been…
2Cases cited14 opinions
- Wal-Mart Stores, Inc. v. DukesSupreme Court of the United States · 2011
- Manning v. Utilities Mutual Insurance Co.Court of Appeals for the Second Circuit · 2001
- Guillermina Parra v. Pacificare of Arizona, Inc.Court of Appeals for the Ninth Circuit · 2013
- Humana Medical Plan, Inc. v. Western Heritage Insurance CompanyCourt of Appeals for the Eleventh Circuit · 2016
- In Re Avandia Marketing, Sales Practices & Products Liability LitigationCourt of Appeals for the Third Circuit · 2012
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3Cited by4 opinions
- MSPA Claims 1, LLC v. Covington Specialty Insurance CompanyCourt of Appeals for the Eleventh Circuit · 2023
- MSPA Claims 1, LLC v. Covington Specialty Insurance CompanyCourt of Appeals for the Eleventh Circuit · 2023
- Mspa Claims 1, LLC v. First Acceptance Ins. Co.District Court, M.D. Florida · 2019
- Randy Rosenberg, D.C., P.A. v. GEICO General Insurance CompanyDistrict Court, S.D. Florida · 2019