Opinion
No. 97-CC-2889
January 30, 1998
IN RE: Louisiana Hosp. Assoc. Mal Etc.; General Liability Trust; — Defendant(s); Applying for Supervisory and/or Remedial Writ; Parish of Vermilion 15th Judicial District Court Div. "F" Number 91-60030; to the Court of Appeal, Third Circuit, Number CW97-1237
Granted. Pretermitting the question of whether relator is an insurer under La.R.S. 22:5, the case is remanded to the trial court for reconsideration of whether plaintiffs state a cause of action under La.R.S. 22:1220 in light of this court's opinion in Theriot v. Midland Risk Ins. Co., 95-2895 (La. 5/20/97), 694 So.2d 184.
WFM
PFC
HTL
BJJ
CDT
JTK
KIMBALL, J. would deny the writ.
VICTORY, J. not on panel.