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SMITH v. WILLARD

No. 97-CA-1772.

711 So.2d 723 (1998)

Claude SMITH v. Walter WILLARD, Louisiana Insurance Guaranty Association, Audubon A.I.G. and The XYZ Insurance Company.

Court of Appeal of Louisiana, Fourth Circuit.

March 11, 1998.

Attorney(s) appearing for the Case

Darleen M. Jacobs, Al Sarrat, Law Offices of Darleen M. Jacobs, New Orleans, for Plaintiff/Appellant.

Paul B. Deal, Lemle & Kelleher, L.L.P., New Orleans, for Appellee Walter Willard.

Thomas D. Fazio, McCollister & McCleary, Baton Rouge, for Appellees Liga & Audubon A.I.G.

John E. Galloway, Nora T. Bolling, Galloway, Johnson, Thompkins & Burr, New Orleans, for Continental Casualty Company.

Before BARRY, ARMSTRONG and CIACCIO, JJ.

BARRY, Judge.

Plaintiff appeals the dismissal of her claims based on summary judgment and an exception of no cause of action. We hold there is no genuine issue of fact and defendants Walter Willard and his professional liability insurer, Continental Casualty, are entitled to summary judgment. We further hold that the issue of the constitutionality of LIGA's statutory immunity was not properly raised and not preserved for review. We affirm.

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