Legal Opinion

Prudential Insurance Co. of America v. Couch

West Virginia Supreme Court

Decided November 23, 1988No. 18375PublishedCited by 20 opinions

1Opinion of the Court

MILLER, Justice:

The defendant, George Couch, appeals from an order of the Circuit Court of Ohio County granting summary judgment to the plaintiff below, Prudential Insurance Company of America (Prudential), in an action to recover health insurance benefits erroneously paid to several health care providers and institutions under a group health insurance plan. The defendant contends that genuine issues of material fact existed precluding summary judgment. Finding that Prudential was not entitled to summary judgment, we reverse and remand for further proceedings.

I

The facts as revealed by the…

2Cases cited20 opinions

  1. Aetna Casualty & Surety Co. v. Federal Insurance Co. of New YorkWest Virginia Supreme Court · 1963
  2. Lengyel v. LintWest Virginia Supreme Court · 1981
  3. Masinter v. Webco Co.West Virginia Supreme Court · 1980
  4. Horton v. TyreeWest Virginia Supreme Court · 1927
  5. James G. v. CasertaWest Virginia Supreme Court · 1985

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3Cited by20 opinions

  1. Stemple v. DobsonWest Virginia Supreme Court · 1990
  2. EXECUTIVE RISK INDEMNITY, INC. v. Charleston Area Medical Center, Inc.District Court, S.D. West Virginia · 2009
  3. In re Processed Egg Products Antitrust LitigationDistrict Court, E.D. Pennsylvania · 2012
  4. Hill v. StowersWest Virginia Supreme Court · 2009
  5. St. Mary's Medical Center, Inc. v. United Farm Bureau Family Life InsuranceIndiana Court of Appeals · 1993

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