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LOUISIANA HEALTH SERV. v. BROWN BUILDERS.

No. 32,575-CA.

747 So.2d 708 (1999)

LOUISIANA HEALTH SERVICES AND INDEMNITY COMPANY, D/B/A Blue Cross/Blue Shield of Louisiana, Plaintiff-Appellant, v. BROWN BUILDERS, INC. and Brown Paving, Inc., Defendants-Appellees.

Court of Appeal of Louisiana, Second Circuit.

December 8, 1999.

Attorney(s) appearing for the Case

Sharp, Henry, Cerniglia, Colvin & Weaver by James H. Colvin, Patrick E. Henry, Homer, Counsel for Appellant.

Cook, Yancey, King & Galloway by Jerald R. Harper, Nicole Montagnet Smith, Shreveport, Counsel for Appellees.

Before NORRIS, WILLIAMS, KOSTELKA, JJ.

KOSTELKA, J.

In this breach of contract suit, the insurance company contends that its insured made misrepresentations in its application for group health insurance coverage and seeks recovery of funds erroneously paid on behalf of certain group members. Finding that the application for insurance could not be admitted into evidence, per La. R.S. 22:618(A), the trial court granted summary judgment in favor of the insured. We affirm.

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