Yeah, contact the state bar and let them help you, mainly in the fee dispute area. If a lawsuit was filed, you might have to pay the 40%. I'm somewhat surprised that the attorney hasn't cut you a check for the undisputed portion (the 60%), but a month might be a reasonable time to wait, depending on when they received the check, especially with a bit of disagreement with you about how much their disbursement ought to be.
The above is not intended to be legal advice, but may be used for general information. Please contact an attorney for specific help tailored to your needs. www.figgardenlaw.com
It is unlikely that an attorney employed insurance company attorney actually filed anything. Do note that the searching on Clark County court records would need to improve to qualify as "horrible."
Anyway, your retainer agreement controls. If it provides an increased payment of 40% if a suit is filed, you need to pay her 40%. If it doesn't increase if a suit is filed, she can only ask for 30%.
The state bar has a fee dispute committee; there is no charge for this.