Legal Question in Insurance Law in Texas

If an attorney has paid me the settlement that I am entitled to and he knew that there was a subrogation against the settlement amount; can the insurance company sue him or will I be the only one responsible?


Asked on 12/09/10, 10:59 am

1 Answer from Attorneys

Robert Stephens Stephens & Stephens

The Insurance company who is unpaid and the one who paid the settlement can pay both you and the lawyer. Notice and the type of lien are defenses that can be asserted as well as the common fund doctrine and the made whole doctrine.

R. Gary Stephens (713) 629-1111

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Answered on 12/14/10, 1:07 pm


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