California Court of Appeal

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Dameron Hospital Association v. AAA Northern California, C070475

In an action brought by plaintiff-hospital against defendant-auto insurer to recover the difference between the amount paid by the patient-tort victim's health insurance, Kaiser, under a negotiated contract and its customary rate billed for emergency room services, summary judgment for defendant is affirmed, where: 1) the contract between plaintiff and Kaiser is silent as to whether plaintiff may collect from tortfeasors and their automobile insurers after receiving negotiated rate payments from the patients' health care service plans; and thus, 2) although Parnell v. Adventist Health System/West (2005) 35 Cal.4th 595 allows plaintiff to contractually reserve the right to recover its customary billing rate for emergency room services for Kaiser patients and caused by third party tortfeasors, plaintiff has not done so in this case.

Appellate Information

  • Decided 07/29/2014
  • Published 07/29/2014


  • HOCH


  • California Court of Appeal


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