Timothy C. Wirt, M.D., P.C. v. Prout

BABCOCK, Judge.

Helen Prout, personal representative of the estates of Mabel Eileen Payne and E. Milton Payne, appeals from an order determining that she holds $3,151.54 in constructive trust for claimants, Timothy C. Wirt, M.D., P.C., and James S. Warson, M.D., P.C. We reverse.

The facts are undisputed. Mrs. Payne was an elderly pensioner covered by a medical reimbursement plan funded by Mountain Bell. The Equitable Life Assurance Society (Equitable) administered the plan.

In September 1983, Mrs. Payne was admitted unconscious to the Poudre Valley Hospital in Fort Collins. Drs. Wirt and Warson…