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HEROD v. AMERICAN SERVICE LIFE INS. CO.

No. 89-CA-431.

554 So.2d 783 (1989)

Audrey Herod, Wife of/and Charles HEROD v. AMERICAN SERVICE LIFE INSURANCE COMPANY and Blue Cross of Louisiana.

Court of Appeal of Louisiana, Fifth Circuit.

December 13, 1989.

Attorney(s) appearing for the Case

Brian G. Birdsall, New Orleans, for plaintiffs-appellants.

Sylvan J. Steinberg, Covert J. Geary, New Orleans, for defendant-appellee.

Before GRISBAUM, DUFRESNE and GOTHARD, JJ.

DUFRESNE, Judge.

This is an appeal from a summary judgment in a suit to recover hospital expenses from a health insurer. For the following reasons, we reverse this judgment.

Audrey Herod, plaintiff-appellant, had a health insurance policy with Louisiana Health Service and Indemnity Co. (Blue Cross of Louisiana), between 1981, and September 15, 1984. On August 1, 1984, she obtained another health policy from American Service Life Insurance Co., and permitted...

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