University of Texas Medical Branch at Galveston v. Allan

OPINION

ELLIS, Justice.

Appellant, the University of Texas Medical Branch at Galveston, appeals a summary judgment in favor of appellee, Rae Paul Allan. We reverse and remand.

On March 7, 1984, appellee was treated and hospitalized for gender reassignment. Appellee executed an assignment of her interest in insurance benefits in favor of appellant on the same date. The insurer, Aetna Life Insurance Company, initially paid the claim directly to appellant but subsequently asked for return of the monies, claiming a dispute as to the “necessity” of such surgery or treatment. Appellant returned the…