Federal Circuit Finds Government Responsible For Insurer’s Annuity ‘Shortfall’

Mealey's (July 20, 2022, 11:53 AM EDT) -- WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals on July 15 reversed and remanded a U.S. Court of Federal Claims decision for the U.S. government in a woman’s breach of settlement suit against it, asserting that pursuant to a medical malpractice settlement agreement, the government was obligated to ensure full payment of annuity payments when reduced by the government’s insurer due to financial difficulties, finding that the “agreement’s terms are unambiguously mandatory” because “the Government promised to provide sum certain that would be paid pursuant to a monthly timetable.”...