If my employer pays for a liability insurance policy for me, does it have any legal claim to any money that I receive?

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If my employer pays for a liability insurance policy for me, does it have any legal claim to any money that I receive?

It is in my name and my policy. In the past, all of us who are insured have received refund checks from time to time and have always kept them. This past month I received a check again that was substantial. My employer has asked that we give them the check.

Asked on November 8, 2013 under Employment Labor Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Your employer would likely have a right to refund checks, since those are refunds of overpayments or similar events--i.e. they are not the proceeds of a claim against the insurance, but rather are an adjustment to the cost of the insurance. If your employer is paying, it is the one entitled to any such adjustments or refunds. It may have chosen to let people have them in the past (though if it did, those people should have paid taxes on them--it would be considered taxable income to anyone who had not been the payor of the insurance), but is  not obligated to do so.


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