Legal Question in Insurance Law in California

Failure to disperse funds.

Is there any California or U.S. Law that requires a personal injury attorney to withold settlement funds for a possible lien of the clients insurance company that paid his medical bills?


Asked on 8/18/06, 5:01 pm

1 Answer from Attorneys

Steven Murray Steven W. Murray, APC

Re: Failure to disperse funds.

The "law" your lawyer is referring to is probably the policy provision requiring reimbursement to the insurer of amounts paid for med pay benefits. This is possibly the reason for any withholding, but I am sure you can get a detailed explanation from your lawyer. Look at your policy and see what it provides, as the fact it provides for reimbursement does not automatically mean the insurer is legally entitled to it. There are other rules involved such as the "make whole" rule, but much depends on the exact working in the contract.

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Answered on 8/30/06, 6:48 pm


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