Can an insurance company bring me back to court, if I do not want to re-issue a check that they have misplaced?
I was being sued for a car accident that happened in 2008. We settled it for US $4000. I was giving papers that cleared me from the case at the time. Now, I have the insurance company calling me that they never received the bank check. They want me to re issue the check. What should I do? Can they bring me back to court because they lost the check?
Answered By: Law Office of Mark J. Leonardo
In all likelihood the release you signed is not valid unless the payment is made. Checks get lost all the time. Is there some legitimate reason it cannot be replaced? Without seeing your documentation it is difficult to give a definitive answer here. Payment is usually a condition precedent to a waiver of claims. If not worded properly, they may only have a claim to sue for the $4,000 and not reopen the entire claim. You need to have an attorney review your documentation.
Answer Applies to: California
Replied: 10/13/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 10/13/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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