Legal Question in Insurance Law in New York
Law suite
I have law suite againt a mall
fell on a wat floor my question is my health insurance pay for ny surgery rotar cuff. do they have right to anything i get from this case
like a% of my settlement
1 Answer from Attorneys
Re: Law suite
You would have to check the policy. Your plan booklet should advise you about this...most likely, the health insurer has a lien on your recovery, which means they will get paid first out of any settlement, before you and before your attorney. If you have already signed a retainer agreement with an attorney, look to see if his contingent fee is on the net recovery or the gross recovery. Odds are that the attorney fee will be 1/3 of the recovery INCLUDING the amount paid to the health insurance carrier in satisfaction of its lien.
But the key is that you have to review the plan book and possibly drill down to review the underlying policy itself.
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