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TUSA v. PRUDENTIAL INS. CO. OF AMERICA

No. 86-3721.

825 F.2d 69 (1987)

Salvador Thomas TUSA, Individually, and on behalf of his minor child, Amanda Elizabeth Tusa, Plaintiff-Appellant, v. The PRUDENTIAL INSURANCE COMPANY OF AMERICA, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied September 25, 1987.

Attorney(s) appearing for the Case

Middleberg & Riddle, Paul J. Mirabile, Metairie, La., for plaintiff-appellant.

Jones, Walker, Waechter, Poitevent, Carrere & Denegre, Raymond J. Salassi, Jr., Susan M. Weidner, New Orleans, La., for defendant-appellee.

Before CLARK, Chief Judge, POLITZ, and HIGGINBOTHAM, Circuit Judges.

Rehearing and Rehearing En Banc Denied September 25, 1987.

POLITZ, Circuit Judge:

In this Louisiana diversity jurisdiction case we review a summary judgment allowing an insurer to increase the premium and adjust the deductible of a guaranteed renewable health benefits policy, after notice of a physical condition necessitating present and future medical care for one of the insureds. Concluding that the trial court erred in its application of Louisiana law,...

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