This is a suit by plaintiffs Mary V. Ledoux and her husband John Ledoux against The Travelers Insurance Company, the hospitalization insurer of Mrs. Ledoux's employer, J. C. Penney & Company, for medical expenses which the Ledouxs incurred as a result of a work connected injury suffered by Mrs. Ledoux.
The matter comes before us on plaintiffs' appeal from a summary judgment in favor of the defendant, The Travelers Insurance Company.
Defendant's position, which was recognized and adopted by the trial judge, was that the plaintiffs' claim was excluded by the specific terms of the contract of insurance in question.
The hospitalization policy as issued by defendant to J. C. Penney & Company for the benefit of the employees contains the following exclusionary provision:
It was stipulated by the parties to this suit that Mary V. Ledoux accidentally injured her back while in the scope of her employment with J. C. Penney. As a result of this injury The Travelers Insurance Company, as the Workmen's Compensation insurer of J. C. Penney & Company, paid to Mrs. Ledoux the sum of $2,500.00 as the maximum medical benefits provided by its policy, plus an additional amount in settlement of the compensation benefits due her.
Plaintiffs now claim that they have incurred medical expenses greatly in excess of the $2,500.00 paid under the Workmen's Compensation policy and seek to recover these excess medical charges under Travelers' Hospitalization Insurance Contract.
In support of their claim plaintiffs take the position that paragraph (a) of the exclusionary clause of the hospitalization insurance contract quoted above can only refer to those charges which are paid under workmen's compensation medical benefits; otherwise plaintiffs will not be able to recover these excess expenses from either the workmen's compensation carrier or the hospitalization insurer.
They also take the position that the exclusionary clause refers to injuries sustained while doing any act pertaining to any occupation or employment other than with the named employer, J. C. Penney Company.
For the reasons hereinabove expressed the judgment appealed from is affirmed at appellants' cost.