Decedent was killed in one vehicle crash. Her caretaker was driver
and owner of vehicle. Decedent's will named the caretaker as PR of
Caretaker/PR (without legal counsel or probate approval) settled the
wrongful death claim against herself with her own insurance company. The
caretaker/PR aka tortfeasor/insured signed release as PR of the estate
and her insurance company issued a check to the caretaker in her
individual name only. Caretaker cashed the settlement check, spent the
money, but never identified or accounted for the wrongful death claim or
proceeds in probate. I've been hired by the estate to pursue any claims
against caretaker and her insurance carrier.
The liability of caretaker/PR seems clear, my question is in identifying
claims against the insurance company for making payment to their own
insured/tortfeasor. Also, will the insurance claim file be subject to
production in discovery? Read More...