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TRUELOVE v. BLUE CROSS OF LA.

No. 13491.

356 So.2d 1113 (1978)

Samuel J. TRUELOVE, Plaintiff-Appellee, v. BLUE CROSS OF LOUISIANA and Louisiana Health Service and Indemnity Co., Defendant-Appellant.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied April 4, 1978.

Writ Denied May 19, 1978.

Attorney(s) appearing for the Case

Emmons, Henry & Reeves by W. Jack Emmons, Jonesboro, for defendant-appellant.

Baker, Culpepper & Brunson by Bobby L. Culpepper, Jonesboro, for plaintiff-appellee.

Before BOLIN, PRICE and MARVIN, JJ.

En Banc. Rehearing Denied April 4, 1978.

MARVIN, Judge.

From judgment for the insured for benefits under a hospitalization policy ($954) and for attorney's fees ($500), the insurer appeals. We affirm.

The insurer contends that the medical condition for which benefits were sought pre-existed the policy and that Art. IX of the policy should control since it excludes from coverage such pre-existing conditions during the first year of the policy.

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