A person from EY lost a child in an accident while in the US and sued a family member of mine in US secular court for more than the insurance available, without obtaining a heter arkaos. May my family member take them to bais din in EY after a settlement is made in the US court system to recover the amount taken shlo k’halachah?
Yes, one can file a suit in Beis Din against the person in order to retrieve the money that was paid beyond the payment due according to Din Torah. This is certainly true for money beyond what the insurance was prepared to pay.
Of course, having gone to a secular court in the US, there is no guarantee that the person will acquiesce to come to Beis Din.