California Insurance Guarantee Ass'n v. Sylvia Mathews Burwell

ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS [41]

I. INTRODUCTION

This is an action for declaratory and injunctive relief filed by Plaintiff California Insurance Guarantee Association (“CIGA”) against Defendants Sylvia Mathews Bur-well, United States Department of Health & Human Services, and Center for Medicare & Medicaid Services (collectively “United States”). CIGA seeks a judicial declaration that it is not required to reimburse the United States for Medicare benefits paid to individuals whose losses may *1272 also be covered by CIGA. The United States now moves to dismiss portions of CIGA’s Second Amended Complaint. For the reasons discussed below, the Court GRANTS the United States’ Motion. 1 (ECF No. 41.)

II. FACTUAL BACKGROUND

CIGA is a statutorily-created and unincorporated association of insurers admitted to transact certain classes of insurance business in California. (Second Am. Compl. (“SAC”) ¶6.) CIGA was created by the California Legislature to establish a fund from which insureds could obtain financial and legal assistance in the event their insurers became insolvent. (Id. ¶ 10.)

To that end, CIGA is currently paying several claims under various workers’…