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TRANSIT MANAGEMENT OF SE LA. v. GROUP INS. ADMIN.

No. 99-30359.

226 F.3d 376 (2000)

TRANSIT MANAGEMENT OF SOUTHEAST LOUISIANA, INC.; Transit Management of Southeast Louisiana Employee Health and Welfare Trust, Plaintiffs-Appellants, and Tenet Health Systems Hospitals, Inc., formerly known as NME Hospitals, Inc., Intervenor-Appellant, v. GROUP INSURANCE ADMINISTRATION, INC.; et al., Defendants, Bankers Life & Casualty Company; Atlanta Life Insurance Company; Maxicare Life and Health Insurance Company; Bankers Life & Casualty Company/Group Insurance Administration, Inc., A Joint Venture; Atlanta Life Insurance Company/Group Insurance Administration, Inc., A Joint Venture; Maxicare Life and Health Insurance Company/Group Insurance Administration, Inc., A Joint Venture, Defendants-Appellees. Wilbur J. Babin, Jr., also known as Bill, Plaintiff-Appellant, v. Bankers Life & Casualty Company; Maxicare Life and Health Insurance Company; Atlanta Life Insurance Company, Defendants-Appellees. Wilbur J. Babin, Jr., Plaintiff-Appellant, v. Bankers Life and Casualty Company; Maxicare Life and Health Insurance Company; Atlanta Life Insurance Company, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 31, 2000.

Attorney(s) appearing for the Case

James F. Willeford (argued), New Orleans, LA, Emile Louis Turner, Jr., Turner, Young, Hebbler & Babin, New Orleans, LA, for Babin.

Joseph H. Yeager, Jr. (argued), Stacy L. Prall, Carl R. Pebworth, Baker & Daniels, Indianapolis, IN, for Bankers Life & Cas. Co.

John W. Waters, Jr., Bienvenu, Foster, Ryan & O'Bannon, New Orleans, LA, for Bankers Life & Cas. Co. and Bankers Life & Cas. Co./Group Ins. Admin., Inc.

Harry A. Rosenberg (argued), Phelps Dunbar, New Orleans, LA, for Maxicare Life & Health Ins. Co.

Robert G. Stassi (argued), Chehardy, Sherman, Ellis, Breslin & Murray, Metairie, LA, for Atlanta Life Ins. Co., and Atlanta Life Ins. Co./Group Admin., Inc.

B. Franklin Martin, III (argued), Charles R. Penot, Jr., Edward Louis Fenasci, McGlinchey Stafford, New Orleans, LA, for Transit Management of Southeast Louisiana, Inc.

Michael D. Peytavin (argued), Daniel A. Ranson, Windhorst, Gaudry, Ranson, Higgins & Gremillion, Gretna, LA, for Tenet Health System Hospitals, Inc.

Before POLITZ, SMITH and DENNIS, Circuit Judges.

DENNIS, Circuit Judge:

The principal question of Louisiana law presented by this appeal is whether the life insurance companies which provided life and stop loss insurance for an employees' health and welfare plan may be held vicariously liable to the employer, the employees' trust, and the plan's health care providers, for the third party plan administrator's wrongful misappropriation of the plan's funds, because the life insurers became joint venturers or solidary...

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