Strategies, Challenges, and Answers

The Attorney And The Hospital Have Competing Liens. How Can The Company Safely Settle?

You are familiar with this scenario.The claimant is willing to sign a release in exchange for your insured’s policy limit.  However, the claimant, the attorney and the hospital, all legitimate lienholders, can’t agree on how to divide up the money.  Sometimes there is just not enough money to go around.It seems like a no win situation.If the insurance company pays the settlement proceeds to the attorney without protecting the hospital lien, the hospital could pursue the insurance … [Read more...]

Inadequate Limits? What Not To Do. . .

Insurance companies regularly ask Mills & Associates for advice on how to handle claims where policy limits are inadequate, either because the injuries are severe or because there’s just not enough money to satisfy the multiple claimants.  The case of Benchmark v. Sparks, 127 Nev. Adv. Op. 33, 254 P.3d 617 (2011) all but does away with one option that has been popular with the insurance companies, that of interpleader.The court explained that the Benchmark policy included a provision … [Read more...]