Health Cost Controls v. Wardlow

MEMORANDUM OPINION Per Curiam. Plaintiff, Health Cost Controls, appeals from an order of the district court granting summary judgment to defendant, Irma Wardlow, in its lawsuit brought to recover from her payments made by Continental Assurance Company. The payments were made pursuant to her husband's health care plan and were for her medical treatment occasioned by a traffic accident. Plaintiff, Continental's collection agent, contends that Continental is entitled to reimbursement since the tortfeasor who caused defendant's injuries also paid for her medical expenses. The complaint sets out language that plaintiff alleges was in the Continental policy on the date of the accident that, according to plaintiff, entitles Continental to reimbursement.