ELMER v. WASHINGTON NATIONAL INSURANCE COMPANY

No. 4882.

308 So.2d 312 (1975)

Marie Frank ELMER, provisional administratrix of the Estate of Paul C. Elmer, Plaintiff-Appellant, v. WASHINGTON NATIONAL INSURANCE COMPANY, Defendant-Appellee.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied March 12, 1975.

Writ Refused May 16, 1975.


Attorney(s) appearing for the Case

J. Barry Mouton, Lafayette, for plaintiff-appellant.

Davidson, Meaux, Onebane & Donohoe, by V. Farley Sonnier, Lafayette, for defendant-appellee.

Before HOOD, MILLER and WATSON, JJ.


WATSON, Judge.

Marie Frank Elmer, plaintiff, brought this suit to recover on behalf of the estate of the late Paul C. Elmer certain hospitalization benefits under a policy of group insurance written by the defendant, Washington National Insurance Company. The trial court held that the policy provisions preclude dual recovery of the disputed amounts which were paid under Medicare and, from this decision, plaintiff appeals.

Defendant contends that the "coordination...

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