Legal Opinion

Estate of Borer v. Louisiana Health Service & Indemnity Co.

Louisiana Court of Appeal

Decided November 25, 1980No. 13758PublishedCited by 2 opinions

1Opinion of the Court

LOTTINGER, Judge.

This is a suit by representatives of the Estate of Hollis G. Borer to collect hospitalization and medical benefits under two policies of insurance issued by the defendant, Louisiana Health & Indemnity Company (Blue Cross). From a trial court judgment granting recovery, Blue Cross appeals.

The issue on appeal is whether Blue Cross can raise the defense of pre-existing illness when it failed to attach copies of the insurance applications to the policies.

Hollis G. Borer became insured by Blue Cross under an individual hospitalization and medical policy around October 28, 1977. As…

2Cases cited5 opinions

  1. Fisette v. Mutual Life Ins. Co.Supreme Court of Louisiana · 1926
  2. Smith v. North American Co. for Life, Acc. & H. Ins.Supreme Court of Louisiana · 1975
  3. Whitmeyer v. Liberty Industrial Life Ins. Co.Supreme Court of Louisiana · 1928
  4. Henderson v. Minn. Mut. Life Ins. Co.Louisiana Court of Appeal · 1977
  5. Truelove v. Blue CrossLouisiana Court of Appeal · 1978

3Cited by2 opinions

  1. Estate of Borer v. Louisiana Health Serv. & Indem. Co.Supreme Court of Louisiana · 1981
  2. Estates of Borer v. Louisiana Health Service & Indemnity Co.Supreme Court of Louisiana · 1981

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