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Pollo Operations, Inc. v. Tripp, 906 So2d 1101 (Fla. CTA 3rd 2005)

A personal injury victim tried to make an end-run around MSP by having payment go directly to the victim. The trial court approved the settlement structure, but it was appealed. The case was reversed since “Liberty Mutual exposes itself to paying off Tripp’s Medicare lien in the event Tripp herself does not. Leaving Liberty Mutual to then try to enforce the Settlement Agreement’s indemnity clause to get justice is likely a vain hope with the normal plaintiff, who by then will probably have spent the proceeds.”


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