Legal Question in Personal Injury in Massachusetts
insurance settlement
if my lawyer agree's;
is it possible to have the insurance settlement paid directly to me, with the understanding that I will take full responsibility for payment of medical claims and have him held harmless from claims
issued by medical provider?
2 Answers from Attorneys
Re: insurance settlement
This depends on whether he has been notified of a statutory lien. Neither he (she) nor the insurance company may ignore the lien, which is no different than an attachment approved by a court. As a temporary stakeholder, he (she) can be made personally liable if the lien is not honored.
Re: insurance settlement
I would be very concerned with any arrangement that would deliberately attempt to avoid properly established leins for medical bills. Medicare leins, for example, do not require notice to the patient and are treated as "super leins." The lein is establish as a matter of law. If a client proposed such an arrangement as you describe, I would be reluctant to participate in any such arrangement. If there are no properly established leins, why would the entire settlement need to be paid over to the client with an indemnification agreement?
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