Legal Question in Insurance Law in Missouri

spouses claim to conpensatory awards

My wife and I areseperated and a divorce is pending. She was involved in an auto accident about 1 year ago and claims personal injury. there are 4 insurance companys involved (1) my former health insurance company GEHA (I no longer have this coverage and owe back premiums.) (2) my auto insurance carrier (3) her parents auto policy (she was driving their truck) and (4)the company representing the other party in volved in the accident. She has recieved some compensation i believe from each of the involved carriers. She has retained an attorney and is seeking a settlement from my auto carrier under which she is also insured. My question is this : as the spouse and primary insured am I not entitled to claim 1/2 of any moneys she will recieve? GEHA has a lein to repay their medical dispersments. If she fails to satisfy this lein, am I not liable? I know this is complicated. many thanks for any advise you can provide.


Asked on 10/24/02, 2:00 pm

1 Answer from Attorneys
Richard McLeod McLeod & Heinrichs

Re: spouses claim to conpensatory awards

A husband has his own claim for compensation when the wife is hurt, but it is not part of the wife's claim. Her claim is her own separate property. When a divorce is penidng, the husband's claim has less value - maybe none. As for the GEHA lien, complicated question but if you receive no compensation you probably are not liable for the lien. You may not be liable even if you do receive compensation.

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Answered on 10/24/02, 4:40 pm


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