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OCEAN HARBOR CASUALTY v. MSPA CLAIMS

No. 3D17-392.

261 So.3d 637 (2018)

OCEAN HARBOR CASUALTY INSURANCE, etc., Appellant, v. MSPA CLAIMS, 1, etc., Appellee.

District Court of Appeal of Florida, Third District.

Opinion filed September 26, 2018.

Attorney(s) appearing for the Case

Conroy Simberg , and Shannon P. McKenna and Hinda Klein and Dale L. Friedman (Hollywood), for appellant.

MSP Recovery Law Firm, and Frank C. Quesada , John H. Ruiz , Arlenys Perdomo , Gino Moreno , and Shayna Hudson , Miami, for appellee.

Russo Appellate Firm, P.A., and Elizabeth Russo , Miami, for Property Casualty Insurers Association of America and Personal Insurance Federation of Florida, as amici curiae; Shutts & Bowen LLP, and Suzanne Youmans Labrit , B.C.S. (Tampa); William W. Large (Tallahassee), for Florida Justice Reform Institute, as amicus curiae.

Before SALTER, LOGUE, and LUCK, JJ.

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...

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