Emergency Room Physicians Facility Wins right to Pursue Claim of Unjust Enrichment/Quantum Meruit Against UnitedHealthcare

In the case of Ecure Ind. Corp. v. United Healthcare Ins. Co., 2023 U.S. Dist. LEXIS 91562 (United States District Court for the Southern District of Indiana), Ecure, who purchased the receivables for the healthcare provider, brought suit against UnitedHealthcare (UHC) for quantum meruit/unjust and for agreed upon account stated. The agreed to account stated cause of action was dismissed but the unjust enrichment/Quantum Meruit argument survived dismissal.  Under Indiana law, a plaintiff alleging unjust enrichment must show: (1) a benefit conferred upon another at the express or implied request of the other party; (2) allowing the other party to retain the benefit without restitution would be unjust; and (3) the plaintiff expected payment. The provider’s Complaint alleges that the Physicians conferred a benefit on United by providing emergency medical services to United's insureds; that the low allowance of their claims provided them with unjust restitution and, as such, the provider was entitled to payment. The Court agreed. We will follow this case and report any developments.