Holmes

Jerri Holmes appeals from a summary judgment dismissing an action she brought against respondent California State Automobile Association on behalf of herself and the class of persons sharing with her the status of dual coverage by respondent and by the Medicare program administered by the United States Department of Health, Education, and Welfare (now the Department of Health and Human Services) for treatment of injuries suffered in an automobile accident.

Appellant was involved in an automobile accident on June 20, 1974, and was hospitalized for her injuries. Before the accident respondent had issued to appellant’s mother an automobile liability policy, under which appellant was an insured party; the policy included a medical payment clause providing that respondent would “pay all reasonable expenses incurred by the insured [as a result of an automobile accident].” Appellant was also a beneficiary of the Medicare program administered by the United States Department of Health, Education, and Welfare. Before undergoing hospital treatment, appellant assigned her Medicare benefits to the hospital; payments due to appellant under the program were therefore paid directly to…