{
  "id": 1724163,
  "name": "Sisters of Mercy of Warner Brown Hospital v. Nellie Joe Robertson",
  "name_abbreviation": "Sisters of Mercy of Warner Brown Hospital v. Robertson",
  "decision_date": "1967-02-06",
  "docket_number": "5-4104",
  "first_page": "967",
  "last_page": "970",
  "citations": [
    {
      "type": "official",
      "cite": "241 Ark. 967"
    },
    {
      "type": "parallel",
      "cite": "411 S.W.2d 3"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 243,
    "char_count": 3953,
    "ocr_confidence": 0.465,
    "sha256": "ac85bea68f6c5e9fea42e2aa91e51520c3360b70cb65ff1e315eb577170c0eb4",
    "simhash": "1:54dcdcda162be06a",
    "word_count": 632
  },
  "last_updated": "2023-07-14T14:36:03.113111+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Sisters of Mercy of Warner Brown Hospital v. Nellie Joe Robertson"
    ],
    "opinions": [
      {
        "text": "J. Fred Jones, Justice.\nThis case involves the proceeds paid by two separate insurance companies under two separate family group- hospitalization policies on the hospital bill of one of the family group covered in both policies. The payment by both companies resulted in an over-payment of the account, and the question pertains to the disposition of the over-payment.\nAt the outset we agree with appellant, as well as the appellee, that this case is unique.\nRalph Robertson and Nellie Joe Robertson were husband and wife living in El Dorado. Mr. Robertson was employed by the Lion Oil Company and he and his family were covered by a group hospitalization policy Avith Metropolitan Insurance Company procured through his employer. Mrs. Robertson was employed by the El Dorado school district and also carried a family group hospitalization policy procured through her employer.\nMr. Robertson was hospitalized in Warner Brown Hospital operated by Sisters of Mercy, and on August 15, 1965, his account with the hospital amounted to $7,-006.88. Mrs. Robertson Avas also a patient at the hospital from April 12 until May 21, 1965, and incurred a bill in the amount of $1,503.30.\nOn June 28, 1965, Blue Cross-Blue Shield paid the hospital $1,283.30 for credit to the accomit of Mrs. Robertson, leaving a balance of $220.00 due on Mrs. Robertson\u2019s account.\nOn July 28, 1965, Metropolitan also paid the hospital $1,433.89 on Mrs. Robex-tson\u2019s account, and on August 4, 1965, paid the additional sxxm of $59.25, making a total over-payment on Mrs. Robertson\u2019s account in the amount of $1,273.14. Metropolitan filed a claim with the hospital for a refund of $305.56 erroneously overpaid under its policy.\nWhen Mrs. Robertson was admitted to the hospital, she and Mr. Robertson were separated, and on August 12, 1965, she instituted suit against Mr. Robertson in the Union County Chancery Court for separate maintenance.\nOn August 17,1965, the Sisters of Mercy of Warner Brown Hospital filed an intervention in the separate maintenance action claiming the amount of over-payment on Mrs. Robertson\u2019s account should be applied on Mr. Robertson\u2019s account, less the $305.56 claimed in over-payment by Metropolitan on its policy.\nThe case was submitted to the court on stipulation of facts and the court decreed that $967.64 be paid over to Mrs. Robertson, and that $305.50 be paid into the registry of the court subject to the claim of Metropolitan.\nSisters of Mercy of Warner Brown Hospital brings this appeal contending as their only point relied on, \u201cthat the chancellor erred in holding that the plaintiff, Nelly Joe Robertson, is entitled to the over-payment made by husband\u2019s hospital insurance carrier, Metropolitan Insurance Company, to the Sisters of Mercy of Warner Brown Hospital on the plaintiff\u2019s account.\u201d\nWe are of the opinion that the chancellor was correct in holding that the over-payment on Mrs. Robertson\u2019s account should be reimbursed to Mrs. Robertson,\nNeither of the group policies, nor abstracts of their provisions, are of record in this case and subrogation between insurance companies is not involved. Appellant\u2019s right to intervene in appellee\u2019s separate maintenance action is not questioned by appellee and will not be questioned by us. Appellants do not contend that appellee is liable in any manner for her estranged husband\u2019s hospital bills.\nAppellants have offered no proof that the money paid on appellee\u2019s account, under a group policy procured by the husband through his employer, at any time belonged to the husband, and certainly appellants have offered no proof that the over-payment belonged to them.\nThe chancellor\u2019s decree is not against the preponderance of the evidence and must be affirmed. \u2022\nDecree affirmed.",
        "type": "majority",
        "author": "J. Fred Jones, Justice."
      }
    ],
    "attorneys": [
      "Crumpler, O\u2019Connor, Wynne & Mays, for appellant.",
      "Brown, Compton & Prewett, for appellee."
    ],
    "corrections": "",
    "head_matter": "Sisters of Mercy of Warner Brown Hospital v. Nellie Joe Robertson\n5-4104\n411 S. W. 2d 3\nOpinion delivered February 6, 1967\nCrumpler, O\u2019Connor, Wynne & Mays, for appellant.\nBrown, Compton & Prewett, for appellee."
  },
  "file_name": "0967-01",
  "first_page_order": 989,
  "last_page_order": 992
}