Legal Question in Personal Injury in New York
Expired insurance check
My wife had a personal injury law suite that was settled out of court. Papers where signed and 2 checks where cut. My wife did not know that they would expire and did not get them cashed before they did. Issuance Company is say they don�t have to re-cut new checks and that it is too bad. Her attorney already cashed his.I live in New York State and never head of such a thing. I have had expired checks reissued and was told they have to because the money was owed. Is it different because it was a law suite or do they have to reissue new checks�
2 Answers from Attorneys
Re: Expired insurance check
Your lawyer should simply file a motion to compel the insurance company to write a new check. You can also file a complaint against the insurance company with the New York State Superintendant of Insurance.
Re: Expired insurance check
This is bizarre at best. What does your lawyer say?
In most circumstances, the insurance company writes the check for the entire amount to the lawyer and the client. The lawyers deposits this and and then writes the client's check from his escrow account.
Feel free to contact me with any questions.
Good Luck