Health Controls vs. Ronald Gifford

Case Number
W1999-02598-COA-R3-CV
This is an insurance case. The defendant sustained injuries in an automobile accident while riding as a passenger in a car owned by his mother. The defendant's insurance policy did not cover expenses for injuries "when a person, other than the person for whom the claim is made, is considered responsible for the sickness or injury." Unaware of any third party responsible for the accident, the insurance company paid part of the defendant's medical bills. The defendant subsequently recovered from his mother's automobile insurance carrier. When the defendant's insurance company learned of the subsequent recovery, it filed suit seeking repayment of the amount it paid for the defendant's medical bills. The trial court granted summary judgment to the insurance company, finding that it was entitled to recovery based on the policy. The defendant appeals. We affirm, finding inter alia that a person need not be at fault in the automobile accident to be "considered responsible" under the policy.
Authoring Judge
Judge Holly M. Kirby
Originating Judge
W. Michael Maloan
Case Name
Health Controls vs. Ronald Gifford
Date Filed
Dissent or Concur
No
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