Community Mutual Insurance Co. v. Owen

OPINION

O’CONNOR, Justice.

The resolution of this case depends on the legal effect of mistake of fact and mistake of law. We reverse the summary judgment granted to William Owen and remand the cause for further proceedings.

William Owen’s wife was hospitalized at Memorial City General Hospital for three months in 1986, where she died on October 24, 1986. During the hospitalization, Mrs. Owen incurred charges of $49,820.30. On September 4, 1987, plaintiff, Community Mutual Insurance Company, Owen’s insurer, issued a check to Owen in the amount of $49,820.30. Later the same month, the insurance…