Lincoln National Life Insurance Co. v. Rittman

OPINION

JUNELL, Justice.

Two years ago we denied restitution to an insurance company that had mistakenly overpaid a hospital for medical treatment to the daughter of an insured. Lincoln Nat’l Life Ins. v. Brown Schools, Inc., 757 S.W.2d 411 (Tex.App.—Houston [14th Dist.] 1988, no writ). As the style of our earlier opinion reflects, the suit there was brought against the health care provider. In this companion case the insurer seeks restitution directly from the insured.

Our recitation of facts in the former case remains applicable, although completeness requires us to describe the procedural…