Legal Opinion
City of Hope National Medical Center v. Superior Court
California Court of Appeal
Decided July 31, 1992No. B066833PublishedCited by 15 opinions
1Opinion of the Court
Opinion
VOGEL, J.
We issued an alternative writ (order to show cause) to consider an issue of first impression in California—whether an insurer may obtain restitution of money paid by mistake to a hospital standing as a bona fide creditor of its insured patient. Our answer is no.
Facts
City of Hope National Medical Center provided medical care to Dominic Constanti and, having obtained a standard assignment from Constanti authorizing direct payment to the hospital, City of Hope billed and was paid by Constanti’s insurer, Western Life Insurance Company. Western Life later decided Constanti’s…
2Cases cited8 opinions
- United Community Church v. GarcinCalifornia Court of Appeal · 1991
- Robinson v. Hewlett-Packard Corp.California Court of Appeal · 1986
- Lacher v. Superior CourtCalifornia Court of Appeal · 1991
- Lincoln National Life Insurance Co. v. Brown Schools, Inc.Court of Appeals of Texas · 1988
- Federated Mutual Ins. Co. v. Good Samaritan Hosp.Nebraska Supreme Court · 1974
3 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- First Nationwide Savings v. PerryCalifornia Court of Appeal · 1992
- Distefano v. ForesterCalifornia Court of Appeal · 2001
- Central States, Southeast and Southwest Areas Health and Welfare Fund v. Pathology Laboratories of Arkansas, P.A.Court of Appeals for the Seventh Circuit · 1995
- Law Offices of Dixon R. Howell v. ValleyCalifornia Court of Appeal · 2005
- Vournas v. Fidelity National Title InsuranceCalifornia Court of Appeal · 1999
10 more not listed; retrieve them via the Exa API.