Ask Rex a Legal Question

 

Ask Rex a legal question. For attorneys only. Use the box below to enter your question. Please provide your email address so Rex can answer by email. Most responses will also be posted in archives below.

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  • Attorney Fee Award to Insurance in-House Counsel

    I have a property damage case defended by an attorney who works directly for the insurance company. If I lose at trial, will they be entitled to recoup a statutory attorney fee or does the fact that he's an employee of the insurance company (as opposed to hired, outside counsel), prevent that?    Read More...
  • Does an Intervenor get own Peremptory Challenges?

    Does an Intervenor have a right to make peremptory challenges in jury selection?   Read More...

  • Collection Action in Workers' Compensation Claim

    I have a workers’ compensation client who was treated for the job injury by a hospital. The hospital will not bill through comp but has filed a lien and put a collection company onto my client. Is there a cause of action against the hospital and collection attorney for continuing to do this?  Read More...

  • Denial of Coverage for Failure to Cooperate

    I sued and served an auto wreck defendant. His insurance company sent us a letter saying they were not covering the loss because their insured “failed to cooperate.” They are closing their file. I am preparing a default judgment and will then garnish the defendant insurer. Any way to set this up for damages in excess of the state minimum?  Read More...

  • Conflict of Interest in Wrongful Death Settlement

    Decedent was killed in one vehicle crash. Her caretaker was driver and owner of vehicle. Decedent's will named the caretaker as PR of estate.

    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...

  • Plaintiff Dies Before Suit Filed, SOL Looming

    How do I preserve a claim where the Plaintiff passed away, just 30 days before statute of limitations runs. No personal representative has been appointed.   Read More...

  • Lien Question

    If a lien has been timely filed on a medical bill but the bill is over five years since the date of service, has the statute of limitations run on medical providers' ability to collect on the same or does the lien preserve the creditors ability to collect from the insurance company even after the five years?   Read More...

  • Step Down by UM Carrier for Uncooperative Defendant

    Does a Torfeasor's failure to cooperate allow UM carrier to step down to minimum limits? I’m thinking about getting a default against the Tortfeasor.   Read More...

  • Do settlement discussions/assurance toll the SOL?

    Do settlement discussions toll the SOL on claims/cases (at least outside of the OGTCA)?  Read More...

  • Staying Connected Civil Case While Criminal Case Pending

    I have a car wreck case where the defendant, charged with negligent homicide arising from the wreck, is resisting participating in a scheduling conference or deposition in my civil case until the criminal case is resolved. Is there any authority to let them do that?  Read More...

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