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SIMS v. MULHEARN FUNERAL HOME, INC.

No. 2007-CA-0054.

956 So.2d 583 (2007)

Helen C. SIMS v. MULHEARN FUNERAL HOME, INC. and Mulhearn Protective Insurance Company.

Supreme Court of Louisiana.

May 22, 2007.

Attorney(s) appearing for the Case

Breithaupt, Dunn, Dubos, Shafto & Wolleson, Walter C. Dunn, Jr., Gaudry, Ranson, Higgins & Gremillion, Daniel Aubry Ranson, Gretna, Charles C. Doti, Jr., Attorney General, David A. Young, Assistant Attorney General, for Appellant.

Diliberto & Kirin, Robert John Diliberto, New Orleans, Linda Suzanna Harang, Jefferson, Charles Shelby Norris, Jr, for Appellee.

James Houston Morgan, III, Baton Rouge, for Louisiana Insurers' Conference (LIC), Amicus Curiae.

Van Robinson Mayhall, III, Van Robinson Mayhall, Jr., Baton Rouge, and Michael Paul Fruge, for Louisiana Life and Health Insurance Guaranty Assn. (LLHIGA), Amicus Curiae.

Robert Thomas Myers, Metairie, for Louisiana Funeral Directors Association, Amicus Curiae.

Susie Morgan and Robert Reid Wood, Jr., for Kilpatrick Life Insurance Company, Amicus Curiae.

Crawford Allen Rose, III, for AARP, Amicus Curiae.

WEIMER, Justice.

This case is on direct appeal from a judgment declaring 2004 La. Acts No. 689, codified as LSA-R.S. 22:253(A), unconstitutional. We pretermit consideration of the constitutional issue because our review of the pleadings and evidence convinces us that consideration of the effect of Acts 2004, No. 689 is not necessary to decide this case, which can be resolved on the clear and unambiguous language of the insurance policies at issue. Further, upon conducting...

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