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PENTON v. HOTHO

No. 91 CA 0771.

601 So.2d 762 (1992)

Robert Ester PENTON and Laura McNeese Penton, Individually, and on Behalf of Robert Patrick Penton and Kippy Penton v. Dr. Vincent HOTHO and Bogalusa Community Medical Center.

Court of Appeal of Louisiana, First Circuit.

May 22, 1992.

Attorney(s) appearing for the Case

Steve M. Marks, Baton Rouge, for plaintiff-appellee.

Judy Perry Martinez, New Orleans, for defendant-appellant Lammico.

Chris Landry, Metairie, for defendant/appellee Dr. Hotho.

H. Martin Hunley, Jr., New Orleans, for defendant/appellee, Med Pro.

Before WATKINS, CARTER and FOIL, JJ.

WATKINS, Judge.

This appeal comes to the court on cross-motions for summary judgment, seeking judicial declaration of liability between two insurance policies, one containing a "pro rata" "other insurance" clause and the other having an "excess" other insurance clause. The movers are Louisiana Medical Mutual Insurance Company, (LAMMICO) and The Medical Protective Company (Med Pro), the medical malpractice insurers of defendant Dr. Vincent Hotho. The trial court found...

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