Truelove v. Blue Cross
Louisiana Court of Appeal
1Opinion of the Court
MARVIN, Judge.
From judgment for the insured for benefits under a hospitalization policy ($954) and for attorney’s fees ($500), the insurer appeals. We affirm.
The insurer contends that the medical condition for which benefits were sought pre-existed the policy and that Art. IX of the policy should control since it excludes from coverage such pre-existing conditions during the first year of the policy.1
Emphasizing that no application was attached to the policy as required by R.S. 22:618 (see also R.S. 22:219, 616), the lower court held that no evidence of a pre-exist-ing condition could be…
2Cases cited5 opinions
- Muse v. Metropolitan Life Ins. Co.Supreme Court of Louisiana · 1939
- Spain v. Travelers Insurance CompanySupreme Court of Louisiana · 1976
- Smith v. North American Co. for Life, Acc. & H. Ins.Supreme Court of Louisiana · 1975
- State, Dept. of Highways v. TrainaLouisiana Court of Appeal · 1977
- Henderson v. Minn. Mut. Life Ins. Co.Louisiana Court of Appeal · 1977
3Cited by3 opinions
- Estate of Borer v. Louisiana Health Serv. & Indem. Co.Supreme Court of Louisiana · 1981
- Estate of Borer v. Louisiana Health Service & Indemnity Co.Louisiana Court of Appeal · 1980
- Truelove v. Blue Cross of LouisianaSupreme Court of Louisiana · 1978