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HOOD v. COTTER

Nos. 2008-C-0215, 2008-C-0237.

5 So.3d 819 (2008)

Carl HOOD v. Mark M. COTTER, M.D.

Supreme Court of Louisiana.

Rehearing Denied January 30, 2009.

Attorney(s) appearing for the Case

Milling, Benson, Woodward, Normand Francis Pizza, New Orleans, for applicant in 2008-C-0215.

Roedel, Parsons, Koch, Blanche, Balhoff & McCollister, David Alva Woolridge, Jr., Larry Michael Roedel, Baton Rouge; Kean, Miller, Hawthorne, D'Armond, McCowan & Jarman, Vance A. Gibbs, Deborah Johnson Juneau; Sumpter B. Davis, III, East Baton Rouge, for respondent in 2008-C-0215.

Joel Edward Gooch, Lafayette, for amicus curiae, NCMIC Insurance Company.

Roedel, Parsons, Koch, Blanche, Balhoff & McCollister, David Alva Woolridge, Jr., Larry Michael Roedel, Baton Rouge, for applicant in 2008-C-0237.

Milling, Benson, Woodward, Normand Francis Pizza, New Orleans; Kean, Miller, Hawthorne, D'Armond, McCowan & Jarman, Vance A. Gibbs, Deborah Johnson Juneau; Sumpter B. Davis, III, East Baton Rouge, for respondent in 2008-C-0237.

KIMBALL, Justice.

We granted certiorari in this case to determine whether the coverage provision in a claims-made medical malpractice liability insurance policy, which denies coverage for medical malpractice that occurred during the policy period but was first made and reported after the policy period, violates La. R.S. 22:629. That statute prohibits any condition, stipulation or agreement in an insurance contract from limiting a right of action against the insurer...

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