RAYMOND v. HALIFAX HOSP. MEDICAL CTR.

No. 83-1859.

466 So.2d 253 (1985)

Paul E. RAYMOND, As Personal Representative of the Estate of Charlene M. Kaye, Deceased, Appellant, v. HALIFAX HOSPITAL MEDICAL CENTER, etc., and Blue Cross and Blue Shield of Florida, Inc., etc., Appellees.

District Court of Appeal of Florida, Fifth District.

February 7, 1985.


Attorney(s) appearing for the Case

Paul E. Raymond and Ellen B. Herrera, Raymond, Wilson, Conway, Barr, Burrows & Jester, Daytona Beach, for appellant.

Stephen E. Day, Taylor, Day, Rio & Mercier, Jacksonville, for appellees.


COWART, Judge.

This case involves the question of whether an insured has a cause of action against an insurer because the insurer mistakenly paid a third party (a hospital) and the third party voluntarily refunded to the insurer; the hospital bill being admittedly not covered by the insurance policy.

An insured, now deceased, had a medical insurance policy with appellee Blue Cross providing medical coverage to the insured. The policy excluded preexisting conditions...

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