HOUSE v. AMERICAN UNITED LIFE INS. CO.

No. 06-30168.

499 F.3d 443 (2007)

Walter Richard HOUSE, Jr., Plaintiff-Appellee-Cross-Appellant, v. AMERICAN UNITED LIFE INSURANCE COMPANY, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

Order on Suggestion for Rehearing and Rehearing En Banc Denied October 4, 2007.


Attorney(s) appearing for the Case

Felix R. Weill (argued), Weill, Dunn & Koch, Baton Rouge, LA, for Walter Richard House, Jr.

Don S. McKinney (argued), Adams & Reese, New Orleans, LA, for American United Life Ins. Co.

Before REAVLEY, GARZA and DENNIS, Circuit Judges.


REAVLEY, Circuit Judge:

Walter House sued American United Life Insurance Company ("AUL") for long-term disability benefits. The district court granted summary judgment by which total disability benefits and a Louisiana state law penalty were awarded to House. We hold that House's claim comes under an ERISA plan that preempts the state law penalty and that he was only partially disabled.

I. Background

Walter House was a trial attorney and founding...

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