Bolz v. State Farm Mut. Ins. Co.

52 P.3d 898, 274 Kan. 420, 2002 Kan. LEXIS 546
CourtSupreme Court of Kansas
DecidedAugust 23, 2002
Docket86,880
StatusPublished
Cited by14 cases

This text of 52 P.3d 898 (Bolz v. State Farm Mut. Ins. Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bolz v. State Farm Mut. Ins. Co., 52 P.3d 898, 274 Kan. 420, 2002 Kan. LEXIS 546 (kan 2002).

Opinions

The opinion of the court was delivered by

Lockett, J.:

Medical practitioner Dr. Timothy Bolz filed a breach of contract action, based on an insured’s assignment of her right to receive payment for medical services rendered under an automobile insurance policy. The insurer had claimed its contract prohibited its insured from assigning the claim. The district court granted summary judgment to the insurer. Dr. Bolz appealed, claiming that Kansas statutes and Kansas public policy require that the right to receive payment for necessary medical treatment be assignable and that the language of the insurance policy was ambiguous.

The parties stipulated that Georgia Emerson was involved in an automobile collision on July 1,1997. Emerson was insured by State Farm Mutual Automobile Insurance Company (State Farm) on the date of the collision. The insurance policy provided Emerson with personal injury protection (PIP) benefits as required by K.S.A. 40-3107. It is important to note that State Farm does not repair automobiles or provide medical services, and its policy did not require [422]*422the insured to use specified individuals or companies to perform these services.

Emerson sought treatment from Dr. Bolz, a chiropractor, for injuries she sustained in the collision. On July 26, 1997, Emerson signed an “Irrevocable Assignment, Lien and Authorization” form which assigned to Dr. Bolz her right to receive the PIP benefits under the policy. On August 6,1997, Dr. Bolz forwarded the document of assignment to State Farm and demanded payment in the amount of $3,359, the cost of the medical expenses incurred by Emerson.

The insurance policy, under the section entitled “Conditions,” contained the following standard language regarding policy changes: “b. Change of Interest. No change of interest in this policy is effective unless we consent in writing.”

Emerson did not obtain written consent from State Farm to assign to Dr. Bolz her claim for reimbursement for medical services. When State Farm refused to pay Dr. Bolz for the medical services rendered to its insured, Dr. Bolz brought this action based on the assignment.

The district court determined that the change in interest clause was unambiguous and enforceable against Dr. Bolz. In his memorandum decision and order, the district judge stated:

“While tire policy clearly prohibits assignments without consent, the Court must determine if non-assignability clauses are valid when used in an insurance contract. In St. Francis Regional Medical Center v. Blue Cross Blue Shield of Kansas, 810 F. Supp. 1209 (D. Kan. 1986), the Kansas Federal District Court held that a non-assignability clause in an insurance policy in general was valid and enforceable and not against public policy. The St. Francis Court held that ‘Kansas courts have repeatedly recognized that the freedom to contract is an important public policy.’
“In a case directly on point, the Colorado Supreme court rejected the ‘argument that a non-assignability clause in an insurance policy is unenforceable as a matter of law against post-loss assignment of policy benefits.’ Parrish Chiropractic Centers, P.C. v. Progressive Casualty Insurance Company, 874 P.2d 1049, 1054 (Colorado 1994). In the Parrish Chiropractic case, the insurance policy contained a clause which stated, ‘Interest in this policy may not be assigned without our written consent.’ The insurance company did not provide its written consent to its insured to assign the proceeds of tire coverage to the chiropractic clinic. The Court held that the provision was enforceable and because written consent was not provided the assignment was invalid.
[423]*423“There is a clear prohibition in the State Farm policy of Georgia Emerson precluding assignments without written consent of Defendant. No consent was provided, therefore the assignment to Bolz Chiropractic Clinic, P.A., is void and unenforceable.”

Dr. Bolz appealed. The case was transferred from the Court of Appeals on our own motion pursuant to K.S.A. 20-3018(c).

Since this appeal arises from summary judgment on stipulated facts, this court’s review is de novo. Veatch v. Beck, 252 Kan. 1081, 1082, 850 P.2d 923 (1993); Mark Twain Kansas City Bank v. Kroh Bros. Dev. Co., 250 Kan 754, 762, 863 P.2d 355 (1992). Summary judgment is appropriate when all of the evidence shows that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. Deisher v. Kansas Dept. of Transportation, 264 Kan. 762, 767, 958 P.2d 656 (1998); Kerns v. G.A.C., Inc., 255 Kan. 264, 268, 875 P.2d 949 (1994).

Before we discuss the arguments of each party, it is necessary to define a chose in action. A chose in action is the right to bring an action to recover a debt, money, or thing. Black’s Law Dictionary 234 (7th ed. 1999). It has long been recognized in Kansas that all choses in action, except torts, are assignable. See Alldritt v. Kansas Centennial Global Exposition, 189 Kan. 649, 657, 371 P.2d 181 (1962); National Bond & Investment Co. v. Midwest Finance Co., 156 Kan. 531, 535, 134 P.2d 639 (1943); McCrum v. Corby, 11 Kan. 464, 470 (1873); cf. Augusta Medical Complex, Inc. v. Blue Cross, 230 Kan. 361, 363-64, 634 P.2d 1123 (1981) (where defendant nonprofit hospital service corporation’s nonassignment clause was upheld as valid and enforceable despite court’s recognition of the general rule that choses in action are fully assignable). Emerson’s assignment of her right to be paid for the medical services rendered is a chose in action.

Dr. Bolz contends that State Farm’s insurance policy’s change of interest clause is ambiguous and, as now interpreted by State Farm, violates the public policy that choses in action are assignable. Additionally, Dr. Bolz asserts that the Kansas Legislature has codified the right of Kansas policyholders to assign both the benefits and claims arising from accident and health insurance contracts, citing K.S.A. 40-439 and K.S.A. 40-440.

[424]*424State Farm argues the public policy favoring free alienation of choses in action must be balanced against another public policy, the freedom of contract, and that the public policy of freedom of contract is superior to the free assignability of choses in action. To support this argument, State Farm relies upon St. Francis Reg. Med. Ctr. v. Blue Cross, 810 F. Supp. 1209 (D. Kan. 1992), affd

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Bluebook (online)
52 P.3d 898, 274 Kan. 420, 2002 Kan. LEXIS 546, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bolz-v-state-farm-mut-ins-co-kan-2002.