Stanton v. State Farm Mutual Insurance

Stanton v. State Farm Mutual Insurance
Automobile Insurance Company
No. 11-cv-282-JPG-DGW

2011 WL 3678912 (S.D.Ill.Aug. 22, 2011) 

This case involved an attempt by a defendant insurer (State Farm) to include Medicare’s recovery contractor (MSPRC) on the settlement check in relation to the resolution of a wrongful death claim to ensure that Medicare’s interests were properly protected for conditional payments issued by Medicare.

The plaintiff objected and sought a court order from the Illinois state court ruling that the MSPRC need not be included as a payee on the settlement draft.  State Farm filed an interpleader action against the Secretary of the Department of Health and Human Services bringing Medicare into the action. Continue reading “Stanton v. State Farm Mutual Insurance”

Tomlinson v. Landers & Zaleppa v. Seiwell

Tomlinson v. Landers,
No. 3:07-CV-1180-J-TEM, 2009 WL 1117399
(D. M.D. FL April 24, 2009)

AND

Zaleppa v. Seiwell
No. 219 MDA 2009,
2010 WL 4633467
(Pa. Super. Ct., Nov. 17, 2010)

In these cases, the primary payer was insisting that the Medicare be a named payee on the settlement check (i.e. “putting Medicare on the check”) to ensure that Medicare was reimbursed for conditional payments. However, the court in both cases ruled that based on the operable facts there was no authority under the MSP giving the primary payer the right to insist that Medicare be a named payee on the settlement check.