DiPASCAL v. NEW YORK LIFE INS. CO.

No. 83-3598.

749 F.2d 255 (1985)

Guy D. DiPASCAL and/or Barbara C. DiPascal, Individually and On Behalf of Their Daughter Gina DiPascal, Plaintiffs-Appellees Cross-Appellants, v. NEW YORK LIFE INSURANCE COMPANY, Defendant-Appellant Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

January 2, 1985.


Attorney(s) appearing for the Case

Virginia N. Roddy, Eugene R. Preaus, New Orleans, La., for defendant-appellant cross-appellee.

Patrick D. Breeden, New Orleans, La., for plaintiffs-appellees cross-appellants.

Before RUBIN, POLITZ and GARWOOD, Circuit Judges.


ALVIN B. RUBIN, Circuit Judge:

This claim for benefits under a group major medical insurance policy ought to be a simple case, the resolution of which could readily be found in the provisions of the policy or, if the policy provisions are not in compliance with the Louisiana Insurance Code, then in the statute. The facts are indeed undisputed. Barbara DiPascal is an employee of the Jefferson Parish School Board. She and her dependent daughter, Gina, were covered by...

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