Opinion
No. 93-C-1519.
October 1, 1993.
In re Connecticut General Life Ins.; — Defendant(s); applying for writ of certiorari and/or review; to the Court of Appeal, Third Circuit, No. CA92-0033; Parish of Rapides, City Court of Pineville, No. 91-253.
Granted. There are genuine issues of material fact in this case such as whether plaintiff is in fact infertile, the cause of the infertility, whether such infertility is a sickness under the policy, whether in vitro fertilization is a treatment or essential. Therefore, the judgment of the trial court granting the plaintiffs' motion for summary judgment, as affirmed by the court of appeal, is vacated and the case is remanded to the district court for further proceedings.
REVERSED AND REMANDED.
KIMBALL, J., not on panel.