Legal Question in Insurance Law in California

Agent for insurnace carrier served with hospital lien

We served a hospital lien pursuant to California Hospital Lien act 3045 on agent handling insurance claims for insurance carrier and not the carrier- carrier claims agent will not suffice for service under 3045 and release funds to injured party and bypassed our lien-can they do that?


Asked on 4/01/08, 6:00 pm

1 Answer from Attorneys
Steven Murray Steven W. Murray, APC

Re: Agent for insurnace carrier served with hospital lien

Maybe. Did the agent (do you mean adjuster) have full authority to handle the claim? Or did you mean the insurance agent who serviced the policy? Consider writing the adjuster and the insurer and holding them jointly liable, since notice and knowledge of the agent is notice and knowledge of the principal. The statute says carrier, but may not preclude application of the law of agency.

Read more
Answered on 4/04/08, 2:48 pm


Related Questions & Answers

More Insurance Law questions and answers in California