In an unpublished per curiam decision, Travelers Cas. & Surety Co. v. Stewart, the Eleventh Circuit rejected an argument that an insurance company was barred by the Georgia Supreme Court’s decision in Hoover v. Maxum Indem. Co., 730 S.E.2d 413 (Ga. 2012) from raising the defense that an individual was not an insured under the relevant…
Author: Valerie Sanders
A Confirmed Bankruptcy Plan is Final as to Domestic Support Obligations
The Bankruptcy Code, as amended by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPCPA”), provides an exception to the automatic stay, which generally prohibits collection activity against property of the estate, for “the withholding of income that is property of the estate or property of the debtor for payment of a domestic…
Insurers May Be Liable for Double Damages for Failure to Reimburse Other Insurers Acting as “Medicare Advantage Organizations”
A divided panel of the Eleventh Circuit has joined the Third Circuit in holding that not only the government, but also a private insurer acting as a Medicare Advantage Organization (“MAO”), has a right of action for double damages when a primary payer fails to reimburse the MAO for payments the MAO has made. The…