LEMANN v. MUTUAL LIFE INS. CO. OF N.Y.

No. CA 8804.

523 So.2d 948 (1988)

Thomas B. LEMANN v. The MUTUAL LIFE INSURANCE COMPANY OF NEW YORK.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied May 11, 1988.


Attorney(s) appearing for the Case

Benj. R. Slater, Jr., Mark E. Van Horn, Monroe & Lemann, New Orleans, for plaintiff-appellant.

Raymond J. Salassi, Jr., Thomas K. Potter, III, Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, for defendant-appellee.

Before BARRY, KLEES and PLOTKIN, JJ.


PLOTKIN, Judge.

The issue presented in this case is whether a group health care insurer can require the insured to disclose a medical diagnosis as a precondition to payment of insurance benefits.

Plaintiff, Thomas B. Lemann, insured through his employer, instituted this action against defendant, Mutual Life Insurance Company of New York, (MONY), to recover medical benefits under an insurance policy issued by the insurer and damages for breach of contract....

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