Ariz. Rev. Stat. » Title 36

Ariz. Rev. Stat. § 36-2916

Release of claim by injured person ineffective as to system; action to enforce lien; release of lien

Find cases: SyfertCases citing this section AZ-LEGazleg.gov (official) JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

A. A release of a claim on which a lien is imposed pursuant to section 36-2915 is not valid or effective as against the lien unless the director joins in the release or executes a release of the lien.

B. If any amount has been or is to be collected by the injured person or his legal representative from or on account of the person, firm or corporation, including insurance carriers liable for liability or indemnity damages by reason of a judgment, settlement or compromise, the director may enforce the lien by action against the patient or the person, firm or corporation, including insurance carriers, liable for liability or indemnity damages. Such action shall be commenced and tried in the county in which the lien is filed, unless the court orders that the action be removed to another county for cause. If the director prevails in the action, the court may allow the administration its reasonable attorney fees and disbursements. Such an action shall be commenced within two years after the entry of the judgment or the making of the settlement or compromise.

C. Within thirty days after a lien established pursuant to section 36-2915 is satisfied, the director shall issue a release of the lien to the person, firm or corporation against which the lien was claimed. The release shall be a document which conforms to the requirements of section 11-480.

Notes of Decisions
Cited in 4 cases, 1990–2014 · leading case: Maricopa County v. Barfield
Sort: Relevance Newest Treatment
Maricopa County v. Barfield (2003) arizctapp · cites it 2× “2d at 927-28 (holding A.R.S. § 36-2916(B), which is substantively identical to § 33-934, does not authorize AHCCCS to enforce ben against third-party tortfeasor’s insurer); West Nebraska Gen.”
Abel Cuellar v. Megan G. Vettorel (2014) arizctapp · cites it 2× “, AR.S. §§ 36-2916 and 33-934. This result would be directly contrary to the purpose of Rule 68 to promote settlement and end litigation.”
Nationwide Mutual Insurance v. Arizona Health Care Cost Containment System (1990) arizctapp · cites it 3× “The trial court ruled that neither § 36-2915 nor § 36-2916 permits a direct action against an insurer in the position of an indemnitor only.”
Nationwide Mut. Ins. Co. v. AHCCCS (1990) arizctapp · cites it 3× “The trial court ruled that neither § 36-2915 nor § 36-2916 permits a direct action against an insurer in the position of an indemnitor only.”
— Ariz. Rev. Stat. § 36-2916(B) — 3 cases
Maricopa County v. Barfield (2003) arizctapp “2d at 927-28 (holding A.R.S. § 36-2916(B), which is substantively identical to § 33-934, does not authorize AHCCCS to enforce ben against third-party tortfeasor’s insurer); West Nebraska Gen.”
Nationwide Mutual Insurance v. Arizona Health Care Cost Containment System (1990) arizctapp “The trial court ruled that neither § 36-2915 nor § 36-2916 permits a direct action against an insurer in the position of an indemnitor only.”
Nationwide Mut. Ins. Co. v. AHCCCS (1990) arizctapp “The trial court ruled that neither § 36-2915 nor § 36-2916 permits a direct action against an insurer in the position of an indemnitor only.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.