Bybee v. John Hancock Mutual Life Insurance Co.

DUNAGAN, Chief Justice.

Mildred Bybee, the appellant here and plaintiff in the trial court, brought suit against appellee, John Hancock Mutual Life Insurance Company, to recover upon a hospitalization insurance policy issued by appellee. The facts of the case are simple. Appellant’s husband, a covered dependent under the policy in question, incurred $17,421.50 in actual hospital expenses. Because the appellant’s husband was over 65 years of age he was entitled to receive certain benefits from medicare. The amount paid by Medicare amounts to $16,416.30, thus leaving the sum of $1,005.20 owing…