June 2014 – Summary Judgment Granted in Hospital Lien Impairment Case

In Mobile County Circuit Court, Jack Owen secured the entry of summary judgment in favor of his client insurance company, against claims that it had impaired the statutory lien of the hospital that had treated its insured. The attorney for the patient insured had reached agreement for settlement of her uninsured motorist claim, and had advised the hospital of the proposed settlement, which had communicated what the insurer contended was its consent. When the claimant’s attorney failed to remit proceeds from the settlement to the hospital, it sued the insurer, claiming impairment of the properly-filed hospital lien. The entry of summary judgment against the insurer was made final and no appeal was taken.