Aetna Life Insurance Co. v. St. Joseph's Hospital, Inc.

YOUNG, Judge.

Aetna Life Insurance Company appeals a jury verdict awarding St. Joseph's Hospital proceeds from a group medical insurance policy covering William Storey. Aetna raises the following issue on appeal:

Was the hospital bound, in its proceedings supplemental against Aetna, by the T.R. 41(E) dismissal of Storey's third-party complaint against Aetna? 1

We affirm.

On June 8, 1981, William Storey decided to set fire to his house in order to keep from losing it in a divorce proceeding. He brought three unopened cans of gasoline into the house, and left. After a subsequent change of heart, he…