City of Hope National Medical Center v. Superior Court

Good Law
10 Cal. Rptr. 2d 465·1992 Cal. App. LEXIS 959·8 Cal. App. 4th 633·92 Daily Journal DAR 10728·61 U.S.L.W. 2089
Court of Appeal of CaliforniaJuly 31, 1992B066833California1,760 words

Opinion

Opinion

Vogel, J.

We issued an alternative writ (order to show cause) to consider an issue of first impression in California—whether an insurer may obtain restitution of money paid by mistake to a hospital standing as a bona fide creditor of its insured patient. Our answer is no.

Facts

City of Hope National Medical Center provided medical care to Dominic Constanti and, having obtained a standard assignment from Constanti authorizing direct payment to the hospital, City of Hope billed and was paid by Constanti’s insurer, Western Life Insurance Company. Western Life later decided Constanti’s treatment was experimental and, as such, not covered by his policy. When City of Hope refused Western Life’s request for a refund, Western Life sued City of Hope for declaratory relief, breach of contract, unjust enrichment and conversion. City of Hope answered and later moved for summary judgment, contending an insurer is not entitled to reimbursement of payments made to a hospital unless the payments were induced by the hospital’s fraudulent conduct. The trial court denied the motion and this petition followed.

Discussion

No California case addresses the narrow issue presented on these…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.