Legal Question in Personal Injury in Oklahoma

Re: Insurance Claim Reimbursement Entitlement

If the ins company is in recievership, then you have to go to the Bcy Court and ask the Court to allow you a set-off against your claim for the money in the second check. This is a complicated area of the law and you should not go it alone. Yes, an Atty will charge you a fee, but you will come out better than if you go it alone, I feel sure!

Re: Insurance Claim Reimbursement Entitlement

In Oklahoma when a receiver is appointed to handle the business of the insurance company it is usually under the jurisdiction of the Oklahoma County District Court. Normally the Oklahoma Insurance Commissioner will have played a part in putting the company in receivership and will know the name of the receiver and attorneys involved. You have a claim for unpaid benefits so you should contact the receiver or his attorneys to find out when and how to submit your claim. Certain claims will have piority over others. Depending on the assets of the insurance company not all claims will be paid in full. But the receiver will probably work a deal with the provider to accept partial payment in full satisfaction. The receiver is now entitled to the check you hold and you should submit it to him as he is required to gather all of the assets of the company. Eventually he will discover that he is owed that money under contract with you and you do not want to risk legal action for failing to turn it over. You can try to negotiate whatever you feel is fair with the reciever but remember that it is his job to collect and pay debts according to their priority as set by statute.