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ST. PAUL FIRE AND MARINE INS. CO. v. EUSEA

No. 99 CA 2117.

775 So.2d 32 (2000)

ST. PAUL FIRE AND MARINE INSURANCE COMPANY v. Shirley Autin EUSEA, Medical Protective Insurance Company and the Louisiana Patient's Compensation Fund.

Court of Appeal of Louisiana, First Circuit.

Opinion on Rehearing December 29, 2000.

Rehearing Denied January 25, 2001.

Attorney(s) appearing for the Case

Daniel A. Reed, Baton Rouge, for Plaintiff/Second Appellant, St. Paul Fire and Marine Insurance Company.

P. Chris Christofferson, New Orleans, for Defendant/Appellant, Shirley Eusea.

Marc Judice, Lafayette, for Defendant/Appellee The Medical Protective Company.

Larry M. Roedel, Gregory Frost, David Woolridge, Baton Rouge, for Defendants/Appellees The Louisiana Patient's Compensation Fund and The Louisiana Patient's Compensation Fund Oversight Board.

Before: CARTER, C.J., WEIMER, and FONTENOT, JJ.

CARTER, C.J.

This is an appeal from a declaratory judgment that determined a physician's status as a qualified health care provider under the Louisiana Medical Malpractice Act, LSA-R.S. 40:1299.41 et seq. (the Act). The judgment also determined which of two malpractice insurance policies covering the physician's activities would provide coverage for the malpractice claim asserted against the physician.

FACTS

Dr. Roger Blanchard was participating...

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