Bennion v Stolrow
Bennion v. Stolrow, 2022 UT App 93 (Bench, S.J.)
Contracts
Plaintiff entered into a settlement agreement, which stated that the settlement
“is, or may be, subject to one or more subrogation or health care liens,” and it
noted that Plaintiff agreed to indemnify and hold the insurance company
harmless. The insurance company wrote a check to both Plaintiff and a potential
lienholder, and Plaintiff moved to enforce the settlement agreement. The district
court held the agreement allowed the insurance company issue a check with both
Plaintiff and the lienholder as payees. The Utah Court of Appeals affirmed,
holding:
- Nothing in the language of the settlement agreement prohibited payment to joint payees. Rather, the language “subject to” indicates that the agreement may be affected by existing subrogation claims and liens.