United States v. Travelers Insurance

RULING ON CROSS MOTIONS FOR SUMMARY JUDGMENT AS TO LIABILITY

COVELLO, District Judge.

I. INTRODUCTION

This is an action by the United States (Government) against The Travelers Insurance Company (The Travelers) seeking reimbursement of payments made under the Medicare Act, 42 U.S.C. § 1395y(b) et seq. for which The Travelers is allegedly liable pursuant to 42 U.S.C. § 1395y(b). 1 The issues presented are: (1) whether the Government has an independent cause of action against The Travelers pursuant to 42 U.S.C. § 1395y(b) et seq., the so-called Medicare secondary payer (MSP) provisions, which is…