Whiteside

Whiteside v. Tenet Healthcare Corp.

Good Law
101 Cal. App. 4th 693·124 Cal. Rptr. 2d 580·2002 Cal. App. LEXIS 4562·2002 Daily Journal DAR 9900·2002 Cal. Daily Op. Serv. 7927
Court of Appeal of CaliforniaAugust 27, 2002B149093, B152364California5,109 words

Opinion

Opinion

Vogel, J.

Introduction

In the first of these consolidated appeals, plaintiff Robert K. Whiteside appeals from summary judgment granted in favor of defendants Tenet Healthcare Corporation and its related entities (collectively Tenet). White-side sued Tenet, the entity which owns and operates a hospital at which Whiteside received medical treatment, claiming that Tenet breached its admissions agreement with Whiteside and also its agreement with White-side’s health insurance company, by accepting an additional payment from another insurer with whom Whiteside holds a group health insurance policy. Because we conclude the contracts at issue specifically allowed Tenet to accept payment from other insurers, and because Tenet’s actions are permitted by California law, we conclude summary judgment was properly entered. We affirm.

In the second of the consolidated appeals, Whiteside appeals from the trial court’s award of contractual attorney fees in favor of Tenet. We conclude that the award of attorney fees against Whiteside was not authorized by the contract between Tenet and Whiteside’s insurer. We reverse the order awarding attorney fees.

Case No. B149093 Factual and Procedural…

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