Hinkle v. Wayne County Clerk

Third-party plaintiffs appeal as of right from the trial court’s order granting summary disposition in favor of third-party defendant Randall Wokas. We reverse and remand.

Marilyn Hinkle married Billy Caicutt on June 6, 1985, in Kentucky. She was hospitalized in September 1985, and died on January 22, 1986. The decedent was covered by two policies of insurance that were not coordinated. Both insurance companies paid the claim for hospital and medical expenses, resulting in an overpayment to the hospital of $115,329.32. Calcutt filed suit to compel the transfer of the overpayment to him. Gary…