Wojtkowski v. Hartford Accident & Indemnity Co.

OPINION

HOWARD, Chief Judge.

This is an appeal from a summary judgment. Appellant, injured, in an automobile accident incurred certain medical expenses for which he sought reimbursement under the “medical pay” provisions of the policy issued to him by appellee. Since appellant had received Medicare payments relative to his expenses, appellee refused to pay him on the basis of the following exclusion contained in its policy:

“This policy does not apply .

Under coverage B — Medical Expenses, to that amount of any medical expense which is paid to or on behalf of the injured person under the…