No. 83-4145.

727 F.2d 479 (1984)

Daniel M. DEARMAN, Plaintiff-Appellant, v. The PRUDENTIAL INSURANCE COMPANY OF AMERICA, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 19, 1984.

Attorney(s) appearing for the Case

Denton, Persons, Dornan & Bilbo, Donald C. Dornan, Jr., Biloxi, Miss., William C. Walker, Jr., University, Miss., for plaintiff-appellant.

White & Morse, D. Knox White, Lee N. Perry, Gulfport, Miss., for defendant-appellee.

Before CLARK, Chief Judge, GARZA and JOLLY, Circuit Judges.


This case is on appeal from a district court's grant of summary judgment in favor of the Prudential Insurance Co. of America (Prudential). The issue is whether Prudential may terminate an employee's coverage under a group health insurance plan, without notice to the employee, for the failure of the employer to pay to Prudential the premiums it had collected from its employee. We hold that it may not.

Daniel Dearman began employment with G &...

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