ESTATE OF BORER v. LA. HEALTH SERV. & INDEM. CO.

No. 13758.

398 So.2d 584 (1980)

ESTATE OF Hollis G. BORER et al. v. LOUISIANA HEALTH SERVICE & INDEMNITY CO.

Court of Appeal of Louisiana, First Circuit.

November 25, 1980.


Attorney(s) appearing for the Case

Thomas B. Waterman, Ponchatoula, for plaintiffs.

Charles G. Walker, Hammond, for defendant.

Before LOTTINGER, EDWARDS and PONDER, JJ.


LOTTINGER, Judge.

This is a suit by representatives of the Estate of Hollis G. Borer to collect hospitalization and medical benefits under two policies of insurance issued by the defendant, Louisiana Health & Indemnity Company (Blue Cross). From a trial court judgment granting recovery, Blue Cross appeals.

The issue on appeal is whether Blue Cross can raise the defense of pre-existing illness when it failed to attach copies of the insurance applications...

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