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DRS. BETHEA, MOUSTOUKAS v. ST. PAUL GUARDIAN INS.

No. 03-30570.

376 F.3d 399 (2004)

DRS. BETHEA, MOUSTOUKAS AND WEAVER LLC; Morrison C. Bethea, M.D., A Professional Medical Corporation; Nick M. Moustoukas, M.D.; Michael T. Weaver, M.D.; Victor E. Tedesco, IV, M.D.; Jared Y. Gilmore, III, M.D.; and acting on behalf of all others similarly situated, Plaintiffs-Appellants, v. ST. PAUL GUARDIAN INSURANCE CO.; et al., Defendants, St. Paul Guardian Insurance Co.; St. Paul Fire & Marine Insurance Co., in its own corporate capacity and as successor in interest to the St. Paul Insurance Company, St. Paul Medical Liability Insurance Company, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 30, 2004.

Attorney(s) appearing for the Case

A. Remy Fransen, Jr. (argued), Fransen & Hardin, New Orleans, LA, Gregory Andrew Castanias, Jones Day, Washington, DC, for Plaintiffs-Appellants.

Luther T. Munford, Phelps Dunbar, Jackson, MS, Harry Alston Johnson, III (argued), Phelps Dunbar, Baton Rouge, LA, William H. Howard, III, Neil C. Abramson, Phelps Dunbar, New Orleans, LA, for Defendants-Appellees.

Before GARWOOD, HIGGINBOTHAM and SMITH, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Plaintiffs, Drs. Bethea, Moustoukas and Weaver, LLC, ("Bethea") appeal the district court's decision to grant St. Paul Guardian Insurance Company's motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). Bethea asserts that the facts alleged in its Second Amended Complaint are sufficient to state claims of detrimental reliance and unjust enrichment. St. Paul asserts that the insurance policy, being valid and...

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