WOOLSEY V. NATIONWIDE INS. CO.
697 F.Supp.1053 (1988)
NATURE OF THE CASE: Woolsey (P) sued to recover on an insurance policy in favor of her
decedent.
FACTS: P was seriously injured in an automobile accident on July 9, 1985, and died three
days later. P incurred $10,693.99 in medical expenses on account of this accident.
Nationwide (D) at the request of third-party defendants Mr. and Mrs. King, parents of the
deceased, paid the $5,000.00 medical benefits directly to Sparks Medical Center before the
appointment of the administratrix. P asserts that these monies should now be paid to the
estate because the payment directly to Sparks was improper. It is likewise conceded that the
$5,000.00 death benefit was paid to third-party defendants Mr. and Mrs. King at their
request. D cross claimed for restitution of the payment of death benefits under the policy.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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