USAA Casualty Insurance Company v. MSP Recovery Claims, Series LLC
The Third DCA reversed an order certifying a class of Medicare secondary-payer assignees suing USAA for a declaratory judgment that PIP insurers must identify Medicare-eligible insureds and notify secondary payers. Following IDS I, IDS II, and Ocean Harbor, the court held MSP failed to satisfy the predominance requirement of Rule 1.220(b)(3) because liability proof would devolve into individualized mini-trials of each PIP claim and accident.
Key facts
- USAA Casualty Insurance Company, a PIP insurer, was sued by MSP Recovery Claims, Series LLC, a Medicare secondary-payer assignee, seeking a declaratory judgment that USAA must identify Medicare-eligible insureds and notify secondary payers of PIP benefits.
- The trial court certified a class of Medicare secondary-payer assignees alleging USAA failed to comply with its obligations under the Medicare Secondary Payer Act.
- +2 more key facts with a free trial
Why it matters
This decision consolidates the Third DCA's line of MSP/MSPA class certification reversals (IDS I, IDS II, Ocean Harbor) into a clear rule: PIP/Medicare secondary payer recovery claims are not amenable to class… — full analysis with a trial
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