Settlement for home insurance claim

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Settlement for home insurance claim

Hi. I hired a lawyer for a denied home
insurance claim. It was agreed he
would get 20. The settlement was for
24,0000. The settlement papers stated
that I would be given 11000 and he
would get 11350. There was also
some other names listed who would
receive the rest. I am enraged. Is this
lawful?

Asked on October 12, 2017 under Insurance Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The lawyer is only entitled to that portion which he and you agreed (e.g. in the retainer agreement) he would get. If the agreement was he'd get 20%, that's all he's entitled to. Such agreements are contracts and are fully enforceable.
No one else can get any portion of the settlement unless you agree to give it to them; and your agreement would have to be voluntary. Explain to your attorney that you intend to hold him to the agreement and are not authorizing anyone else to get payments from your settlement--i.e. the lawyer gets 20%, you get the other 80%. If he will not honor that, you may need to sue your own attorney, if he tries to divert money from you.


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