Feit
Feit v. St. Paul Fire & Marine Insurance
Opinion
Lead Opinion
Weinberger, J.
The plaintiff was involved in an automobile accident in which he sustained injuries which were treated at the Kaiser Foundation Hospital by doctor-members of the Permanente Group. Because he was a prepaying member of Kaiser Foundation Health Plan the plaintiff was not required to, and did not pay for these services valued at $551.49. He nevertheless sought to recover the stated amount from the defendant on the ground that such expenses were covered under the medical payments clause of an automobile policy issued to him by the defendant insurer. To support his claim the plaintiff obtained statements from the hospital and medical group which itemized the services rendered and contained the following: “This is what the patient would have *831 paid had he not been a prepaying member of the Kaiser Foundation Health Plan. Make Check Payable to Patient Only.” The claim was declined, suit was filed and this appeal is from the trial court’s decision in favor of the defendant.
The complaint alleged, among other things, that the defendant had issued its policy “insuring the plaintiff for all medical expenses incurred by said driver or passenger. The answer alleged that the policy “contained…