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ESTATE OF BORER v. LOUISIANA HEALTH SERVICE

No. 82 CA 0561.

431 So.2d 49 (1983)

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

Court of Appeal of Louisiana, First Circuit.

April 5, 1983.

Attorney(s) appearing for the Case

Thomas B. Waterman, Ponchatoula, for plaintiffs-appellants.

Alton B. Lewis, Jr., Hammond, for defendant-appellee.

Before EDWARDS, WATKINS and SHORTESS, JJ.

SHORTESS, Judge.

This matter is before us on appeal after remand by the Supreme Court to the trial court, as per Estate of Borer v. Louisiana Health Service, 398 So.2d 1124 (La.1981), where the court said:

"We hold that failure to attach the application to the policy when issued and delivered does not affect the insurer's right to defend on the basis that, by the terms of the policy, coverage is excluded. To the...

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