Leslie Stadalman is an employee of D and, as such, is a 'covered person' under that institution's employee health care plan. Gregory Stadalman Leslie's husband is employed by the City of Wichita and is covered under his employer's P group health plan. P's plan provides coverage for Mr. Stadalman's dependents. In the Fall of 1982, Leslie Stadalman incurred medical expenses in the amount of $1,963.19. D refused to pay the claims on the basis it provided only secondary coverage. P initially refused to pay the claims for the same reason -- that its plan provided only secondary coverage. P paid the claims, expressly reserving the right to seek contribution and indemnity from D. P sued D for reimbursement. Both insurance contracts contained provisions stating that the contracts were secondary to any other coverage. The district court held the non-duplication of benefits provisions of the two plans to be conflicting and mutually repugnant and directed that the claim be paid 50% by each plan. P and D appealed.

This section contains the nature of the case and procedural background.

The legal issues presented in this case will be displayed here.

The court's holding and decision will be displayed here.

Legal analysis from Dean's Law Dictionary will be displayed here.