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BATTAGLIA v. LEEGAN

No. 04-CA-375.

886 So.2d 1168 (2004)

Deirdre BATTAGLIA and Steven Battaglia v. Maron L. LEEGAN, State Farm Insurance Company, Progressive Insurance Company and Fortis Insurance Company.

Court of Appeal of Louisiana, Fifth Circuit.

October 12, 2004.

Attorney(s) appearing for the Case

Michael J. Bourquard, New Orleans, LA, for Plaintiff/Appellee.

K. Wade Trahan, Paul J. Hebert, Lafayette, LA, for Defendant/Appellant.

Panel composed of Judges MARION F. EDWARDS, SUSAN M. CHEHARDY and WALTER J. ROTHSCHILD.

WALTER J. ROTHSCHILD, Judge.

In this personal injury suit resulting from an automobile accident, plaintiff filed a petition for declaratory judgment against Fortis Insurance Company seeking benefits payable under a short term medical insurance policy. By judgment rendered on January 15, 2004, the trial court declared that the Fortis policy provided coverage for the surgery sought by plaintiff. Fortis now suspensively appeals...

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