 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Lingel v. Olbin8/29/2000
n absolute transfer of "all rights in the property assigned" and creates an enforceable interest in the assignee, citing case law from various jurisdictions and 6A C.J.S. Assignments ยง 105 (1975). They thus maintain that because "the Olbins retained ownership and control of the wrongful death action," the Lingels had no enforceable right in it. Although this may be true, it is not a meaningful distinction. As evidenced by their present action, the Lingels do seek to enforce a putative interest in the wrongful death proceeds, although not in the litigation itself. But under this argument, any assignment of a personal injury action could be labeled "an agreement to share proceeds" and thereby sidestep the rule prohibiting such transactions. In Allstate our supreme court said: "It is clear that Allstate intended . . . to create a legally enforceable interest in any claim that their insured might have against a third party tortfeasor. By whatever name, this is an assignment of the insured's cause of action for personal injury against said third party tortfeasor." 118 Ariz. at 304, 576 P.2d at 492.
The Lingels further argue that Karp is inapplicable because it did not involve a statutory claim and its holding is contrary to the supreme court case of State Farm Mutual Insurance Co. v. St. Joseph's Hospital, 107 Ariz. 498, 489 P.2d 837 (1971). As noted above, that a cause of action is statutory is not necessarily determinative of its assignability. Moreover, the agreement at issue in St. Joseph's Hospital provided that the injured party, in consideration of medical care provided by the hospital, authorized her attorney to pay the hospital what she owed it by deducting that amount from any payment she might receive as a result of any judgment or settlement. The court found that the agreement was not an assignment of the injured party's personal injury cause of action "in whole or in part," but only allowed her attorney "to act as a collecting agent" for those who had provided her medical care. 107 Ariz. at 503, 489 P.2d at 842. Although we see little contradiction between St. Joseph's Hospital and Karp, to the extent they may be inconsistent, we need not resolve that issue because the Lingels, unlike the plaintiffs in St. Joseph's Hospital, are asserting a direct interest in the proceeds of the Olbins' claims.
Furthermore, the Lingels' argument fails to adequately address the holdings in Brockman v. Metropolitan Life Insurance Co., 125 Ariz. 246, 609 P.2d 61 (1980), and Allstate, both decided after St. Joseph's Hospital, and the latter of which the court relied on in Karp. In Brockman, the supreme court concluded that an agreement labeled by the insurer as a "compromise and settlement" was actually an assignment of proceeds of a personal injury claim and was therefore unenforceable. The Lingels argue that this holding was "unreasoned" and should be applied only to prevent insurance companies from recouping benefits from personal injury plaintiffs. But the court did not so limit its holding, and, as noted in Karp, the public policy reasons and legal principles underlying the prohibition against assignments are not supported solely by insurance considerations.
Moreover, our supreme court had already explained its reasoning in Allstate. There, the assignee had argued that its interest in proceeds was not from an assignment of a cause of action for personal injuries because that interest would not arise until the assignor's personal injury claim had been reduced to a judgment or a settlement. The supreme court rejected that theory, stating simply, "We do not believe that this is a meaningful distinction." 118 Ariz. at 304, 576 P.2d at 492; see Harvey v. Cleman, 400 P.2d 87, 90 (Wash. 1965) (r
Page 1 2 3 4 5 6 7 8 9 10 11 Arizona Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|