Can we keep the insurance money paid?

First, I am not licensed to practice law in Kansas, so please do not take this as legal advice. I can tell you in general, that most medical insurance policies include clauses that give the insurance company the right to seek reimbursement of payments they have made when the injuries were caused by the fault of a third party. Here, your daughter's medical insurer may have the contractual right to seek reimbursement of their payments from your daughter's landlord. Of course, he has already paid your daughter (through his insurer), and he is not required to pay twice. This happens frequently, so most insurers provide in their contracts/policies that when they make payments, they have the right to seek reimbursement in the form of a lien of any recovery that their policyholder gets from the adverse party.

Your best bet is to send a letter to your health insurer explaining the situation and asking whether they are seeking reimbursement. You should hold on to the money until you get confirmation from your insurer they are waiving subrogation - then you can cash the check.

As always, it is better to discuss this with a local attorney who can assist you and who is familiar with local law. Best of luck to you!