Rozas v. La. Hospital Service, Inc.

413 So. 2d 364, 1982 La. App. LEXIS 7171
CourtLouisiana Court of Appeal
DecidedApril 14, 1982
Docket8785
StatusPublished
Cited by7 cases

This text of 413 So. 2d 364 (Rozas v. La. Hospital Service, Inc.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rozas v. La. Hospital Service, Inc., 413 So. 2d 364, 1982 La. App. LEXIS 7171 (La. Ct. App. 1982).

Opinion

413 So.2d 364 (1982)

Eza S. ROZAS, Plaintiff-Appellant,
v.
LA. HOSPITAL SERVICE, INC. et al., Defendants-Appellees.

No. 8785.

Court of Appeal of Louisiana, Third Circuit.

April 14, 1982.

Preston N. Aucoin, Ville Platte, for plaintiff-appellant.

Guglielmo & Lopez, James C. Lopez, Opelousas, for defendants-appellees.

Before GUIDRY, CUTRER and STOKER, JJ.

GUIDRY, Judge.

Plaintiff, Eza S. Rozas, instituted this action against the defendant, Louisiana Hospital Service, Inc., (Blue Cross of Louisiana and/or Louisiana Health Service and Indemnity Company), to recover certain hospital and medical insurance benefits as well as penalties and attorney's fees. Defendant answered plaintiff's petition generally denying liability and alleging that certain *365 exclusionary riders, made a part of plaintiff's insurance policy issued by defendant, excluded coverage of plaintiff's illness. The trial court concluded that plaintiff was not entitled to such insurance benefits since the aforesaid riders were made a part of the policy in dispute and plaintiff suffered from an illness specifically excluded from coverage by such riders. Plaintiff appeals from that judgment.

FACTS

On October 2, 1979, plaintiff experienced a severe headache and dizziness. She immediately consulted with her long-time family physician, Dr. Charles Aswell. Dr. Aswell examined plaintiff, conducted an initial diagnostic procedure known as a lumbar puncture, and thereafter transferred Mrs. Rozas to Our Lady of Lourdes Hospital in Lafayette, Louisiana. Upon her arrival at the hospital emergency room, Mrs. Rozas was examined by Dr. Stephen I. Goldware, a neurosurgeon. Dr. Goldware's examination revealed that plaintiff was neurologically normal, although she had a stiff neck and her blood pressure was "sky high". Dr. Goldware diagnosed plaintiff's problem as a brain hemorrhage. He subsequently ordered that an arteriogram be conducted as well as a CT Scan. The aforesaid diagnostic procedures revealed two aneurysms on plaintiff's right internal carotid artery, and also, a large right-sided blood clot in the temporal area. On October 5, 1979, Dr. Goldware removed the blood clot from plaintiff's brain. Thereafter, plaintiff remained in the hospital until discharged on December 9, 1979.

Dr. Goldware's bill for surgery, evaluation, and admission was submitted for payment to the defendant on October 10, 1979. Thereafter, on January 31, 1980, the defendant received documents reflecting the hospital portion of plaintiff's medical expenses. The defendant paid the bill submitted by Dr. Goldware, however, rejected payment of the hospital invoice based upon the aforesaid exclusionary provisions. This suit followed.

At trial the parties stipulated that the plaintiff was insured by defendant and that the policy introduced into evidence by both parties was in full force and effect at the time of plaintiff's illness. Although the standard form policy issued to plaintiff provides insurance benefits for certain hospital and medical expenses including medical and hospital expenses resulting from surgery for "intercranial aneurysm; intercranial approach", the record reflects that two exclusionary riders were physically attached to plaintiff's application for insurance which was placed inside the policy along with various endorsements pertaining to the insurance agreement existing between the parties. The aforesaid riders provided as follows:

"IT IS AGREED that the above Contract, including all riders and endorsements, if any, to which this Rider is attached, shall provide no benefits from the above Effective Date for care or treatment rendered to:
ROZAS, EZA S.
for the following illness(s) and/or condition(s), including conditions resulting therefrom:
Any disease of cerebro-vascular system; treatment for and complications therefrom "
"IT IS AGREED that the above Contract, including all riders and endorsements, if any, to which this Rider is attached, shall provide no benefits from the above Effective Date for care or treatment rendered to:
ROZAS, EZA S.
for the following illness(s) and/or condition(s), including conditions resulting therefrom:
Abnormal blood pressure; treatment for and complications therefrom "

The issues presented on appeal are:

(1) Did the trial court err in concluding that the riders excluding coverage were a part of the policy although not physically attached to the same?

*366 (2) Did the trial court err in concluding that plaintiff's illness was a disease of the cerebro-vascular system?

(3) Did the trial court err in failing to conclude that the policy at issue was ambiguous, and therefore, should be construed in favor of the plaintiff?

(4) Did the trial court err in failing to conclude that payment by defendant of Dr. Goldware's bill for services rendered constitutes an admission of liability on part of the defendant, and thus, estops the defendant from refusing to pay the hospital portion of plaintiff's medical expenses?

(5) Did the trial court err in failing to award penalties and attorney's fees to plaintiff?

Plaintiff contends that the riders allegedly made a part of the insurance policy in dispute are of no effect in excluding coverage since the riders were not physically attached to the policy. In support of her argument, plaintiff refers this court to the case of Spain v. Travelers Insurance Co., 332 So.2d 827 (La.1976). Although a literal reading of the decision in Spain seems to lend support to appellant's argument, our Supreme Court in the later case of Johnson v. Occidental Life Insurance Co. of California, 368 So.2d 1032 (La.1979) indicated clearly that a rider, to be effective, need not necessarily be physically attached to the policy through staples, glue, paper clips or the like but rather the intent of the statutes (LSA-R.S. 22:618 and 22:628) requires that to be effective the insured must be in possession at all times of the entire evidence of the insurance contract. In Johnson, the Supreme Court stated:

"The lower courts' determination that the placement of the application in the jacket along with the certificate of insurance was an insufficient attachment for purposes of this statute was based upon decisions of this court dealing with the `entire contract policy' statutes. In our view the lower courts erred in concluding that this jurisprudence stands for the proposition that under La.R.S. 22:618 an application must be physically attached to the policy through staples, glue, paper clips, or the like.
In Spain v. Travelers Insurance Co., 332 So.2d 827 (La.1976) the question before this court was whether, under La. R.S. 22:628, an exclusionary clause in a primary policy would apply to an excess policy by virtue of a clause in the latter which stated that `The provisions of the immediate underlying policy are incorporated as a part of this policy ...'. Thus, this case did not present a question concerning what mode of attachment would be sufficient but instead dealt with the question of whether the doctrine of incorporation by reference was applicable. In rejecting this notion, this court discussed various statutes in the insurance code, one being La.R.S. 22:618, which require that applications, by-laws or other instruments be attached to the policy to be effective.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Delesdernier v. LA. HEALTH SERV. AND INDEM.
867 So. 2d 819 (Louisiana Court of Appeal, 2004)
Brouillard v. Prudential Property & Casualty Insurance
693 A.2d 63 (Supreme Court of New Hampshire, 1997)
Kanter v. Louisiana Farm Bureau Mutual Insurance Co.
587 So. 2d 9 (Louisiana Court of Appeal, 1991)
Kanter v. LOUISIANA FARM BUR. MUT. INS.
587 So. 2d 9 (Louisiana Court of Appeal, 1991)
McWright v. Modern Iron Works, Inc.
567 So. 2d 707 (Louisiana Court of Appeal, 1990)
Monju v. Continental Cas. Co.
487 So. 2d 729 (Louisiana Court of Appeal, 1986)
Thomas v. Lanier
476 So. 2d 1068 (Louisiana Court of Appeal, 1985)

Cite This Page — Counsel Stack

Bluebook (online)
413 So. 2d 364, 1982 La. App. LEXIS 7171, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rozas-v-la-hospital-service-inc-lactapp-1982.