Does cashing check from insurance company constitute acceptance of payment in full?

Question Details: My boyfriend was stung over 200 times by African killer bees while mowing a neighbor/friend's property. She notified her insur. co. The insur. co. issued a $1000 check to my BF, indicating it was the limit for medical on her policy. He hasn't received all the bills yet, but thinks it will be quite a bit more since he was airlifted to a hospital and stayed overnight. The check does not state it is payment in full and the agent asked him to send all medical bills to her. If he cashes it now, does he forfeit right to sue insur. co. if they deny payment of the rest of the medical bills?

Asked 10/13/2009 under Insurance Law | 574 View(s) | More Legal Topics

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Insurance Law Law Answers

There are two different types of coverage on a homeowner's policy.  One is called Medical Payments, and that usually has limits of one thousand, or five thousand.  It sounds like they paid from the Medical Payments what the limits are.  Then there is liability coverage.  If the homeowner is responsible for the incident, their liability coverage will pay the remaining medical bills plus non-economic damages for inconvenience, pain and suffering.  That is probably why the insurance agent is asking for all the medical bills.  Your boyfriend will not forfeit his right to settle a liability claim or to sue if necessary if he cashes the thousand dollar check.  Be sure they are going to settle his liability claim, however.  Has an adjuster called him from the insurance company?  They should be calling for a statement regarding what occurred and to find out what his injuries are.

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