 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Holden Business Forms Co.7/8/2005
him, whether he receives it through error or knowingly, obliges himself to restore it to him from whom he unduly received it.
That corresponding article to the former art. 2301 is art. 2299 in the 1995 revision, which now provides:
A person who has received a payment or a thing not owed to him is bound to restore it to the person from whom he received it.
The former La. C.C. art. 2302 stated: "He who has paid through mistake, believing himself a debtor, may reclaim what he has paid." There is no corresponding article in the 1995 revision to the former art. 2302.
Likewise, there is no corresponding article in the 1995 revision for the former article 2303, which stated:
To acquire this right, it is necessary that the thing paid be not due in any manner, either civilly or naturally. A natural obligation to pay will be sufficient to prevent recovery.
The present La. C.C. art. 2302 is based upon the former C.C. art. 2310, which provided:
He who, through mistake has paid the debt of another to whom he believed himself indebted, has a claim to restitution from the creditor.
This right ceases, if, in consequence of the payment, the creditor has destroyed or parted with his title; but the recourse still remains to the person paying against the true debtor.
The policy exclusion for illegal behavior is applicable under the facts of this case. The employer and its health plan administrator did not obtain that information until after payments were made. The clear meaning of the present Civil Code articles is that a party who pays by mistake may recover from the creditor which received the erroneous payment. Without reaching the issue of responsibility for the mistake, we note there is no provision prohibiting recovery by an entity which negligently made payments of money it did not owe. LSUHSC-S presumably would have rendered the same medical treatment if Hughes had been uninsured.
While the result reached by the Texas court in the litigation between these parties appears equitable under the facts in this record, the trial court correctly found that our Civil Code dictates a contrary result. A person who paid the debt of another person in the erroneous belief that he was himself the obligor may reclaim the payment from the obligee. La. C.C. art. 2302.
DECREE
The judgment of the trial court is affirmed at the cost of LSUHSC-S and Dr. Tran. The total costs of the trial and appellate courts are $1,212.40, which include $25 due the Second Circuit Court of Appeal for an appellate brief extension.
AFFIRMED.
Page 1 2 3 4 Louisiana DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|