There have been a substantial number of putative class actions filed recently against insurers involving the Medicare Secondary Payer Act (MSPA). These cases are typically filed by assignees of Medicare advantage organizations that have paid for medical services arising from auto accidents. The claim is that under the MSPA, the PIP/MedPay coverage under auto policies is primary and the coverage provided by the Medicare advantage organizations is secondary. Most of these cases are pending in Florida, and I have seen at least one case in New Jersey. I have seen some rulings denying motions to dismiss, mostly focused on whether there was an enforceable assignment of rights. I have not yet seen a decision on class certification. This is definitely an issue worth watching. Please let me know if you learn of significant developments on this issue.

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