Legal Question in Personal Injury in New York

Health Insurance Lien

Does a private health insurer have a lien against the proceeds of a bodily injury lawsuit, or is it simply a contractual claim against the proceeds in the insured's hands?


Asked on 1/11/07, 12:37 pm

1 Answer from Attorneys
Jason Stern Law Offices of Jason Stern

Re: Health Insurance Lien

It depends on the language contained in the health plan. It's a subrogation claim; not a lien. Medicare has a lien on lawsuit proceeds; private insurance companies do not.

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Answered on 1/11/07, 3:54 pm


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