MSPA CLAIMS 1, LLC v. KINGSWAY AMIGO INSURANCE CO.

No. 18-14980.

950 F.3d 764 (2020)

MSPA CLAIMS 1, LLC, a Florida limited liability company, as assignee of Florida Healthcare Plus, on behalf of itself and all Other similarly situated Medicare Advantage Organizations in the State of Florida, Plaintiff-Appellant, v. KINGSWAY AMIGO INSURANCE COMPANY, a Florida Profit Company, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

February 13, 2020.


Attorney(s) appearing for the Case

Arlenys Perdomo , Frank Carlos Quesada , Christine M. Lugo , Gino Moreno , Rebecca Rubin-del Rio , Timothy J. Van Name , MSP Recovery Law Firm, Coral Gables, FL, Francesco Antonio Zincone , Armas Bertran Pieri , Miami, FL, Eric Michael Fresco , Law Office of Eric M. Fresco, MIAMI, FL, Gustavo Javier Losa , John H. Ruiz, PA, Miami, FL, for Plaintiff-Appellant.

James J. Berdelle , David S. Allen , Ruberry Stalmack & Garvey, LLC, Chicago, IL, Angel Castillo, Jr. , Pedro Louis DeMahy , Kenneth R. Drake , DLD Lawyers, Coral Gables, FL, Edward F. Ruberry , Bollinger Ruberry & Garvey, Chicago, IL, for Defendant-Appellee.

Scott A. Hiaasen , Coffey Burlington, PL, Miami, FL, for Amici Curiae American Property Casualty Insurance Association and Personal Insurance Federation of Florida.

Before JORDAN and NEWSOM, Circuit Judges, and WRIGHT, District Judge.


This case might have begun with a car wreck, but as it presents itself to us it has essentially nothing to do with the underlying accident or the resulting injuries. Instead, it turns on a careful examination of the often-convoluted rules governing the federal Medicare program—and in particular the Medicare Secondary...

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