Negligence, Other Injury Erisa

[5101997]

We had a slip and fall case against a store. My wife had foot problems that required surgury that her health insurance paid. Because of different medical reports showing we could not win we settled for a small sum out of court. We have a independent report stating that her present problems do not have anything to do with the accident. Her former insurance company that paid for the surguries wants 1/3 of the settlement. We were told because it is an Erisa plan they can demand this. Our question is, can we fight paying them as we can show that the settlement is for the fall not anything to do with her surgeries?

 

[presutin]

Yes. Hire an attorney. Good luck to you!