Insurance — Medicare — Personal injury protection — Class action by assignee of Medicare Advantage Organization seeking to represent other Medicare Advantage Organizations to prosecute private cause of action for double damages under Medicare Secondary Payer Act against PIP insurer, seeking reimbursement for medical bills which were paid by Medicare Advantage Organizations under Medicare, but which should have been paid by PIP insurer — Trial court erred in certifying class, as issues common to class will not predominate, and plaintiff’s proof to establish liability will necessarily devolve into a series of mini-trials under Florida no-fault law — Medicare Secondary Payer Act does not preempt Florida no-fault laws, and plaintiff is required to demonstrate that PIP insurer was required to make payment in the first instance for each reimbursement it claims
43 Fla. L. Weekly D2219a
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