Farm Bureau attempts to dispute Medicare primacy and loses
Martha Holmes was forced to sue her own insurer, Farm Bureau General Insurance Company, after she incurred $70,000.00 in medical expense from a car accident. Farm Bureau tried to argue that since Medicare initially paid her bills, it owed nothing for PIP medical. Her attorneys pointed out that Medicare is NEVER primary for a car accident, and that the plain language of her Farm Bureau policy required Farm Bureau to pay first dollar medical. The Court of Appeals rejected Farm Bureau's arguments and allowed Holmes' lawyers to amend her complaint to seek double damages under the federal statute.