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McLACHLAN v. NEW YORK LIFE INS. CO.

No. 06-30449.

488 F.3d 624 (2007)

Michael J. McLACHLAN; Lori Davenport McLachlan, Plaintiffs-Appellants, v. NEW YORK LIFE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

May 30, 2007.

Attorney(s) appearing for the Case

Kara M. Hadican (argued), Robert J. David, Gainsburgh, Benjamin, David, Meunier & Warshauer, New Orleans, LA, for Plaintiffs-Appellants.

Maura Z. Pelleteri (argued), Andrea A. Mittleider, Krebs, Farley & Pelleteri, New Orleans, LA, for Defendant-Appellee.

Before HIGGINBOTHAM, WIENER, and PRADO, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

In applying for increased life insurance coverage, Michael McLachlan submitted blood and urine samples to his insurer, New York Life. Although the results indicated elevated levels of two chemicals, phosphatase and creatinine, New York Life mentioned only the former in its letter to McLachlan, explaining that it would issue a policy, but with a higher premium given the elevated phosphatase. McLachlan was later diagnosed with...

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