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DANIEL v. BLUE CROSS OF LOUISIANA

No. 9032.

358 So.2d 345 (1978)

Fred C. DANIEL v. BLUE CROSS OF LOUISIANA, a/k/a Louisiana Health Service and Indemnity Company.

Court of Appeal of Louisiana, Fourth Circuit.

April 11, 1978.

Attorney(s) appearing for the Case

R. Patrick Vance of Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, for Blue Cross of Louisiana a/k/a Louisiana Health Service and Indem. Co., defendant-appellant.

John H. Wells of Wells & Breaux, New Orleans, for Fred C. Daniel, plaintiff-appellee.

Before GULOTTA, STOULIG and BOUTALL, JJ.

BOUTALL, Judge.

This is a claim for benefits under a hospitalization and medical care policy. Payment was refused by the insurer contending that plaintiff's condition arose prior to the effective date of the policy, and hence came within an exception to the policy. The trial court granted benefits, and the insurer appealed.

The pertinent facts are that Fred C. Daniel had suffered for years with a chronic neuralgia...

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