PRINCIPAL HEALTH CARE OF LA. INC. v. LEWER AGENCY, INC.

No. 93-3741.

38 F.3d 240 (1994)

PRINCIPAL HEALTH CARE OF LOUISIANA, INC., Plaintiff-Appellant, v. The LEWER AGENCY, INC., and General American Life Insurance Company, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

November 23, 1994.


Attorney(s) appearing for the Case

Daniel Aubry Ranson, J. Michael Daly, Jr., Windhorst, Gaudry, Ranson, Higgins & Gremillion, Gretna, LA, for appellant.

Walter F. Marcus, III, Lemile & Kelleher, New Orleans, LA, for appellee.

Before REAVLEY, DeMOSS and STEWART, Circuit Judges.


STEWART, Circuit Judge:

This diversity case arising in Louisiana involves the issue of which parent's health care insurer provides coverage for the neonatal medical care of their illegitimate child under the provisions of the parents' policies. Because we conclude that the magistrate judge erroneously held that the Principal Health Care plan provided primary coverage, and thus that the court improperly granted summary judgment in favor of the mother's insurer, we...

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