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

P was seriously injured in an automobile accident on July 9, 1985, and died three days later. P incurred $10,693.99 in medical expenses on account of this accident. Nationwide (D) at the request of third-party defendants Mr. and Mrs. King, parents of the deceased, paid the $5,000.00 medical benefits directly to Sparks Medical Center before the appointment of the administratrix. P asserts that these monies should now be paid to the estate because the payment directly to Sparks was improper. It is likewise conceded that the $5,000.00 death benefit was paid to third-party defendants Mr. and Mrs. King at their request. D cross-claimed for restitution of the payment of death benefits under the policy.

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