Engle v. Aetna Casualty Insurance
Engle v. Aetna Casualty Insurance
Opinion of the Court
The plaintiff instituted this action to recover from the defendants the sum of $355.50 for charges made for hospital care and nursing furnished to one Anna Angjelich. The complaint alleged that the defendants had employed plaintiff to furnish hospital care and nursing to the above-mentioned person and to pay the reasonable value thereof and that the sum specified was a reasonable charge for the services rendered. Subsequent to the filing of the above-described pleading a supplemental and amended complaint was filed wherein it was alleged that the defendants had employed a certain physician to furnish and perform professional services for “Anna Angjelich, minor child of the defendant, Sam Angjelich”, and agreed to pay to said physician the reasonable value of such medical services as he should render to said child, that,. pursuant to such agreement, the physician rendered services to the minor which were of the reasonable value of $550 and prior to the institution of the action sold and assigned to plaintiff his claim against the defendants. The prayer of the last-mentioned pleading was for judgment against the defendants for the total amount of the two claims. The defendants named in the action are Mrs. N. B. Jones, The Aetna Casualty Insurance Company and the parents of Anna Angjelich. The record shows that prior to the trial of the cause, the parents of the minor had failed to make an appearance in the case, their default had been entered, and judgment by default had been taken against the defendant, Sam Angjelich and that
■Examination of the transcript on appeal discloses that on June 14, 1932, in the city of Colton, Anna Angjelich was struck by an automobile which was owned by Mrs. N. B. Jones and as a result thereof the said minor sustained personal injuries which necessitated hospital care and medical attention. It further appears that on the above-mentioned date the injured child was taken to respondent’s hospital in the city of Colton where she remained for approximately two and a half months, during which time nursing care and services usually rendered in such an institution were furnished to her. It also appears that medical attention was required by the injured child and that such services were rendered by Dr. D. B. Williams. It further appears that Mrs. N. B. Jones, the owner of the automobile which caused the injuries, held an insurance policy issued by appellant, presumably of the type popularly known as a “Public Liability Policy”. The evidence presented during the trial disclosed that, on September 18, 1933, the said minor, through her father as guardian ad litem, brought an action against Mrs. N. B. Jones, the owner of the automobile, and Leonard M. Walker, who was operating the ear at the time of the accident, whereby she sought to recover general damages in the amount of $50,000 for the personal injuries suffered by her and special damages in the amount of $905.50, consisting of $550 for medical services and $355.50 for hospital care, that this action proceeded to trial on February 20, 1934, and resulted in the entry of a judgment in favor of the defendants based on the trial court’s findings that the defendants were in no respect guilty of negligence in the operation of the automobile and that plaintiff’s injuries were caused solely by her own negligence.
Respondent by this action sought to impose liability on appellant for the expenses of hospitalization and medical care on the basis that an agent of appellant had orally agreed to pay such expenses. It was also claimed that after the services had been performed appellant ratified the agreement.
It may properly be observed at this point that the above-described evidence did not in the slightest degree establish the necessary element of authorization on the part of Cameron to make the agreement which forms the basis of respondent’s cause of action or of Thiele’s authority to ratify it. This was recognized by respondent for, after the above evidence had been introduced, counsel for respondent requested a continuance of the ease “for the purpose of getting further information, either by deposition or otherwise, as to the authority of those men to make the promises that were made in this case”. The requested continuance was granted and Mr. Thiele’s deposition was taken and produced in evidence by the respondent. This witness testified that he was the superintendent of the claims department of appellant with an office' in Los Angeles and that his duties consisted of supervising the investigation and adjustment of claims against the company and that occasionally he adjusted such claims. The witness testified that Cameron was employed by appellant as an investigator and adjuster and that his duties were to investigate and adjust claims against policyholders “according to the contracts they held” under the control of the witness and that he was authorized to issue checks for the payment of claims “for which the company was liable under the policy but for no others”. The witness further testified that checks in payment of claims issued by Cameron were paid by the insurance company “if they were for claims for which the company was liable under the policy”. On cross-examination the witness
Upon the completion of the trial and after the case was submitted for decision the trial court found “that all the allegations contained in the plaintiff’s complaint are true, as to the Aetna Casualty Insurance Company”, and “that all the allegations contained in the plaintiff’s supplemental and amended complaint are true, as to the Aetna Casualty Insurance Company”. Prom the findings thus made the court drew the conclusion that the appellant is indebted to respondent in the amount of $550 on the claim assigned to her by the physician and in the further amount of $355.50 for hospital care furnished to the minor.
Examination of the complaint and supplemental complaint whose allegations were thus generally adopted by the court as its findings of fact discloses that in the former pleading it is alleged “that on or about the 14th day of June, 1932, the said defendants, and each of them, employed the plaintiff herein to nurse, board and room one Anna Angjelich, and to give to said Anna Angjelich such hospital care, treatment and hospitalization as the said Anna Angjelich should require, and that pursuant to said employment the said plaintiff furnished nursing, board, room, hospital care and hospitalization to the said Anna Angjelich of the reasonable value of $355.50, and that said defendants and each of them agreed to pay this plaintiff the reasonable value thereof”. The latter pleading alleges that within three years prior to its filing all of the
Analysis of the above-described allegations adopted by the trial court as its findings of fact in the light of the undisputed evidence produced during the trial of the action impels the conclusion that they are not supported by the evidence.
In the first place, no evidence was produced which tended to show that any obligation rested upon appellant to furnish medical attention or hospitalization to Anna Angjelich. The policy of insurance which appellant had issued to its insured, Mrs. N. B. Jones, was not produced. Respondent obviously did not rely on the provisions of the insurance policy in her endeavor to fasten liability on appellant for the expenses of hospitalization and medical attention. What she did rely on was an independent agreement to pay such expenses allegedly made by an agent of appellant who was authorized to enter into such a contract. At first blush, it might seem that the judgment permitting recovery for the full amount of the two claims may be sustained under the familiar doctrine of equitable estoppel. Analysis of the evidence, however, demonstrates the futility of such a course. If it be assumed that the court was justified in concluding that it was within the apparent scope of the authority conferred by appellant on its agent Cameron to enter into an agreement to pay the expenses, it is nevertheless clear that no such agreement was made until four days after the child was received in the hospital, at which time, according to the physician’s testimony, Cameron, in response to the doctor’s inquiry as to whether the company would “stand for” the expenses, instructed the physician to go ahead and take care of the case ‘ ‘ and we will pay for those services and X-rays”. However, the allegedly reasonable amount of the physician’s claim was for services performed between June 14, 1932, and October 15, 1932. What part of
The record shows that the above-quoted evidence was admitted under the theory that it constituted a ratification of the original contract made by the agent Cameron. Without regard to whether the evidence was properly admitted or not it is apparent that it could not constitute a ratification of a prior agreement by appellant to pay hospital and medical charges. In the first place, the evidence related solely to charges made for medical services and obviously could not be considered as amounting to a ratification of any prior agreement to pay hospital expenses. In the second place, it could only be regarded as ratification of a prior agreement to pay charges for medical services an undetermined part of which had been rendered at the time the agreement was made. In the third place, it is plainly an oral agreement to answer for the debt of another and unenforceable because not in writing. (Sec. 1973, Code Civ. Proc.; Flournoy v. Van Campen, 71 Cal. 14 [12 Pac. 257]; Swim v. Juhl, 72 Cal. App. 363 [237 Pac. 552]; Huntoon v. Powell, 88 Cal. App. 657 [263 Pac. 1030].) Finally, the evidence did not purport to establish ratification by appellant. It went no further than to show that an agent of appellant recognized the claim of the physician for medical services furnished to the child and declared that appellant would pay such claim. There is no showing that there was any obligation on appellant’s part to pay such a claim. There is no showing that appellant had any knowledge of the claim. There is no showing that appellant received any benefit from
Nothing said herein is to be construed as an expression of opinion that no recovery may properly be had from appellant because of a lack of showing that the agent Cameron possessed actual authority to make an agreement to pay hospital and medical expenses. It may be that a recovery may be had on direct contract for such expenses as were incurred subsequent to the dates of statements made by Cameron to respondent and to her assignor. As herein noted the basis of this opinion is that the trial court’s findings are not supported by the evidence adduced during the trial of the action.
For the reasons stated the judgment is reversed.
Barnard, P. J., and Marks, J., concurred.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.