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DePAUL HOSP. v. MUTUAL LIFE INS. CO. OF N.Y.

No. CA-4334.

487 So.2d 143 (1986)

DePAUL HOSPITAL and Elizabeth D. Ruth, Individually and as Administratrix of the Estate of her Minor Son, Michael E. Ruth, III v. The MUTUAL LIFE INSURANCE COMPANY OF NEW YORK and Howard, Weil, Labouisse, Friedrichs, Inc.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearings Denied May 15, 1986.

Attorney(s) appearing for the Case

Michael E. Botnick, Oestreicher, Whalen & Hackett and Robert A. Kutcher, Bronfin, Heller, Steinberg & Berrins, New Orleans, for DePaul Hosp. and Elizabeth D. Ruth, plaintiffs-appellants.

Philip A. Franco, Richard A. Goins, Adams and Reese, New Orleans, for Howard, Weil, Labouisse, Friedrichs, Inc., defendant-appellee.

Raymond J. Salassi, Jr., Veronica A. Cubit, Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, for Mut. Life Ins. Co. of New York, defendant-appellee.

Before BYRNES, WARD and WILLIAMS, JJ.

BYRNES, Judge.

This is an appeal from a Summary Judgment granted to Howard, Weil, LaBouisse, Fredrichs, Inc. (Howard-Weil) against the plaintiffs, Elizabeth D. Ruth and DePaul Hospital (DePaul), in a suit for group medical insurance benefits. We affirm.

Mrs. Ruth, who sued on behalf of her minor son, Michael Ruth III, is the wife of a Howard-Weil employee covered by the corporation's employee welfare benefit plan. Howard-Weil had previously contracted with...

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