NN Investors Life Insurance Co v. Crossley

STATON, Judge.

NN Investors brings this interlocutory appeal of the denial of its motion for sum mary judgment, raising two issues for our review:

I. Whether a health care provider is a third-party beneficiary of an insurance contract such that it may recover benefits under the contract even after the policy has been rescinded by the insurer due to the insured's material misrepresentation.

II. Whether a health care provider may assert a counterclaim based upon the theory of estoppel to recover fees under an insurance policy for services rendered to an insured.

' We reverse.

On February 19, 1988,…