Dameron Hospital Assn. v. Geico Casualty CA3

facts of this case, to entitle Dameron to recoup additional payments for its services from the Patients’ uninsured motorist benefits because the assignment constituted a contract of adhesion. We affirm the judgment of the trial court.

FACTS AND PROCEDURAL HISTORY

The Patients’ Admission to Dameron

In May 2009, W.H. and his daughter, H.H., (together referred to as the Patients) were injured in a motor vehicle accident and taken to Dameron for treatment. The driver of the other vehicle was uninsured. According to Dameron, once W.H. was stable, Dameron asked W.H. to sign one COA for himself and one for H.H. He signed the COAs. Paragraph 1 of the COA was labeled “CONSENT AND AGREEMENT TO MEDICAL AND SURGICAL PROCEDURES” and included the following language: “[t]he undersigned assigns to the hospital indicated and the physician(s) any insurance benefits due the patient or insured because of the hospital and medical services, and authorize payment directly to them.” In paragraph 3, the patient or patient’s representative agreed to “pay the account of the hospital in accordance with the regular rates and terms of the hospital.”

2 Paragraph 8 of the COA was labeled “ASSIGNMENT OF…