Proof: Burden of Proof: Identifying Common Fund Beneficiaries

Flynn & Miller v. Liberty Northwest Ins. Corp. [07/01/10] 2010 MTWCC 21 Under Schmill III, beneficiaries are not required to file a second claim once entitlement to a common fund is established.  Beneficiaries’ right to increased benefits arises automatically, as does the insurers’ responsibility to pay each beneficiary.  The insurers in Flynn bear the burden of identifying claimants whose right to increased benefits was established as a matter of law in Flynn I.