Dallas County Hospital Dist. v. Pioneer Casualty Co., 16721
| Decision Date | 01 April 1966 |
| Docket Number | No. 16721,16721 |
| Parties | DALLAS COUNTY HOSPITAL DISTRICT, Appellant, v. PIONEER CASUALTY COMPANY, Appellee. . Fort Worth |
| Court | Texas Court of Appeals |
Allen, Bowles & Rogers, and John C. Rogers, Dallas, for appellant.
Akin, Vial, Hamilton, Koch & Tubb, and James A. Knox, Dallas, for appellee.
The decision in this case turns upon an interpretation of the clause relating to assignment of interest under the 'Medical Payments' coverage provision of Texas Standard Form automobile insurance policies. The clause reads: 'Assignment of interest under this policy shall not bind the company until its consents is endorsed * * *.'
An insured under an automobile insurance policy issued by Pioneer Casualty Company was provided 'medical payments' coverage to the extent of $1,000.00. Although coverage is more extensive, it is generally thought of as that which provides for payment of the medical and hospital bills of one injured as the driver or passenger of the vehicle insured regardless of any question of negligence.
Such in insured assigned her rights under the policy to Dallas County Hospital District. On the date of the execution of the assignment instrument there was an accrued liability to the assignee, on the part of the insured, of approximately $400.00. By the time the instrument was served on Pioneer Casualty Company said amount had grown considerably greater than the $1,000.00 maximum liability for medical and hospital expenses.
Pioneer Casualty Company never did consent to the assignment. It paid the amount of $1,000.00 direct to its insured. Naturally it was expected that the insured would apply the $1,000.00 on medical and hospital expenses. However, in disregard of an amount owing for such expenses at another hospital where emergency treatment had been given before the injured was moved to the Dallas institution and also in disregard of the amount owing to the Dallas County Hospital District, said insured accepted the payment and departed for places unknown. It is interesting to note that her name was Swindler.
Dallas County Hospital District brought suit direct against Pioneer Casualty Company. Suit was founded on the contract, and because of the company's payment of the $1,000.00 direct to its insured in dishonor of her assignment. The company contended that it had discharged all its liability under the policy. With this contention as a premise it moved for judgment. The trial court granted summary judgment and the Hospital District appealed.
The question, therefore, is whether the company was...
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...rights by a named insured to an insurance contract has been upheld by this court. Dallas County Hospital Dist. v. Pioneer Casualty Co., 402 S.W.2d 287, 288 (Tex.Civ.App.–Fort Worth 1966, writ ref'd n.r.e.).Gerdes, 880 S.W.2d at 217–218 (Tex.App.-Fort Worth 1994). Thus, adoption of the minor......
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...rights by a named insured to an insurance contract has been upheld by this court. Dallas County Hospital Dist. v. Pioneer Casualty Co., 402 S.W.2d 287, 288 (Tex.Civ.App.— Fort Worth 1966, writ ref'd n.r.e.).Gerdes, 880 S.W.2d at 217-218 (Tex.App.-Fort Worth 1994). Thus, adoption of the mino......
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