On December 29, 2010, the United States District Court for the District of Nevada, in Farmers Ins. Exch. v. Forkey, 2010 WL 5477726 (Dec. 29, 2010, D.Nev.), granted a motion for summary judgment filed by the Department of Health and Human Services (the Department). The court found that Medicare had a direct and priority right to be reimbursed $10,070.22 of a $35,000 underinsured motorist policy for conditional payments it made for the medical care of David Forkey after Mr. Forkey was struck by a vehicle while crossing a street in March 2007.
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