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DEPHILLIPS v. HOSPITAL SERVICE DISTRICT

2017 CA 1425, 2017 CA 1426.

255 So.3d 34 (2018)

Matthew A. DEPHILLIPS, Individually, and on Behalf of All Others Similarly Situated v. HOSPITAL SERVICE DISTRICT NO. 1 OF TANGIPAHOA PARISH, doing business as North Oaks Medical Center/North Oaks Health System Earnest Williams, Individually and on Behalf of All Others Similarly Situated v. Hospital Service District No. 1 of Tangipahoa Parish d/b/a North Oaks Health System and North Oaks Medical Center, and Louisiana Health Service & Indemnity Company d/b/a Blue Cross Blue Shield of Louisiana.

Court of Appeal of Louisiana, First Circuit.

Judgment Rendered: July 18, 2018.

Attorney(s) appearing for the Case

J. Lee Hoffoss, Jr. , Claude P. Devall , Donald W. McKnight , Lake Charles, Louisiana and Derrick G. Earles , David C. Laborde , Marksville, Louisiana and Jeffery P. Berniard , Scott R. Bickford , Lawrence J. Centola, III , Norman F. Hodgins, III , New Orleans, Louisiana, Attorneys for Plaintiffs/Appellants, Matthew A. DePhillips and Earnest Williams, Individually, and on Behalf of All Similarly Situated.

Jonathan M. Herman , Dallas, Texas and Brian C. Roux , New Orleans, Louisiana and Allison N. Pham , Charles A. O'Brien, III , Baton Rouge, Louisiana, Attorneys for Defendant/Appellee, Louisiana Health Service & Indemnity Company, d/b/a Blue Cross and Blue Shield of Louisiana.

BEFORE: HIGGINBOTHAM, HOLDRIDGE, AND PENZATO, JJ.

Plaintiffs Matthew DePhillips and Earnest Williams appeal the trial court's judgment sustaining a peremptory exception raising the objection of prescription filed by Blue Cross Blue Shield of Louisiana ("BCBS"), finding that Williams's claims are prescribed under the terms of his health plan.

FACTS AND PROCEDURAL HISTORY

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