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ANDERSON v. ICHINOSE

No. 98-CC-2157.

760 So.2d 302 (1999)

Cecilia Lloyd, Wife of and Ernest S. ANDERSON v. Herbert ICHINOSE, M.D. and St. Paul Fire & Marine Insurance Company.

Supreme Court of Louisiana.

September 8, 1999.

Attorney(s) appearing for the Case

Leonard Arthur Radlauer, Radlauer & Bernstein, New Orleans, Counsel for Applicant.

Stewart Earl Niles, Jr., Jones, Walker, Waechter, Potevent, Carrere & Denegre, New Orleans, Kristin E. Hendricks, Margaret E. Bradley, Metairie, Counsel for Respondent.

James Burke Irwin, V, Quentin Fisk Urquhart, Jr., New Orleans, Counsel for Amicus Curiae Louisiana Association of Defense.

Larry Michael Roedel, Cecil J. Blache, David Alva Woolridge, Jr., Baton Rouge, Counsel for Amicus Curiae American Insurance Company.

William E. Wright, Jr., Margaret Louise Sunkel, New Orleans, Counsel for Amicus Curiae Westport Insurance Group.

LEMMON, Justice.*

This medical malpractice action presents the issue of the validity of a provision in a liability insurance policy requiring, in order for policy coverage to apply, that (1) the professional services which were performed or should have been performed must occur after the retroactive date of the policy,1 (2) the claim must first be made while the policy is in effect, and (3) the claim must be...

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