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LOUISIANA HEALTH SERVICE AND INDEMNITY CO. v. McNAMARA

No. 89-C-2091.

561 So.2d 712 (1990)

LOUISIANA HEALTH SERVICE AND INDEMNITY COMPANY, d/b/a Blue Cross of Louisiana v. Shirley McNAMARA, Secretary of the Department of Revenue and Taxation, State of Louisiana.

Supreme Court of Louisiana.

April 30, 1990.

Attorney(s) appearing for the Case

Daryl Manning, Cheryl L. Duvieilh, and Marlon Harrison, Baton Rouge, Dept. of Revenue & Taxation, for applicant.

Edward Bergin, David Radlauer, and Alexander Trostorff, Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, for respondent.

DENNIS, Justice.

In this case we must determine whether certain obligations owed by the plaintiff to its policyholders, represented by uncashed health and accident insurance benefit checks, were extinguished by prescription before they became "abandoned property" within the meaning of the Uniform Disposition of Unclaimed Property statute, former La.R.S. 9:151 et seq.1 The court of appeal held that these obligations were subject to either...

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