Guardian Life Ins. Co. of America v. Scott, A--11246
| Decision Date | 29 June 1966 |
| Docket Number | No. A--11246,A--11246 |
| Parties | The GUARDIAN LIFE INSURANCE COMPANY OF AMERICA, Petitioner, v. Wilbur Jack SCOTT, Respondent. |
| Court | Texas Supreme Court |
Locke, Purnell, Boren, Laney & Neely, Larry M. Lesh, with above firm, Dallas, for petitioner.
Earl Luna, Dallas, for respondent.
The question presented by this appeal is whether the Devereaux Foundation of Victoria, Texas, is a hospital as that term is defined in a major medical expense policy issued to plaintiff, Wilbur Jack Scott, by The Guardian Life Insurance Company of America. Guardian moved for a summary judgment because the Foundation was not a hospital, within the policy definition; and the trial court granted the motion. The Court of Civil Appeals reversed that judgment and remanded the case for trial. 397 S.W.2d 463. We reverse the judgment of the intermediate court and affirm the judgment of the trial court.
Guardian issued a major medical expense policy to Wilbur Jack Scott in February 1955. In September 1962, Scott's fourteen-year-old son was confined as a patient at the Devereaux Foundation of Victoria for treatment of a nervous disorder and is still a patient at that institution. The Foundation has made a monthly charge of $450.00 for its services and treatment. Guardian urged in its motion for summary judgment that the Devereaux Foundation did not fall within the policy requirement that the patient must be confined in a hospital as that term was defined in the policy. The pertinent policy provisions are:
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The policy defines a hospital as an institution which, among other requirements, 'has facilities * * * including facilities for diagnosis and major surgery.' There was no dispute in the showing at the summary judgment hearing that there are no facilities for X-ray, laboratory work, or major surgery at the...
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