San Hueza v. National Foundation Life Insurance Co.

The plaintiff below appeals from a summary judgment for the defendant carrier in an action to recover for medical payments allegedly due under a health insurance policy. We find that neither of the bases asserted below and on appeal justifies the judgment under review.

First, the defense of accord and satisfaction was not established beyond genuine issue1 because, among other things (a) there was no showing of the existence of a real dispute as to the plaintiff’s entitlement to the sums represented by the four checks previously transmitted by the defendant; hence, there was arguably nothing to…