My brother has a injury case and the law firm that is handing seems that they can't the company to pay my brother his settlement. Is there a way to hurry thing a bit ??
There is a New York statute Civil Practice Law and Rules ยง5003-a that requires an insurance company to make payment on a settlement within 21 day of the service of the general release. If they do not comply, they will be required to pay interest, and could be subject to a judgement, etc.. There are many factors that can slow things down. The original release has to be received by the opposing attorney (assuming the case was settled after a lawsuit was started), then forwarded to the insurance company. Holiday mail delivery and limited office hours at this time of year can be factors here. Also with the ecomonic hit on the banks and some insurance companies, some appear to have purposfully slowed down their payments. Then once your brother's attorney receives the check it has to be deposited in his escrow account and must fully clear his account, before he can issue a check for the net proceeds. I hope this answers your question, and best of luck to you.
