Read McLachlan v. New York Life Ins. Co., 06-30449

In a state law negligence action brought by an individual suffering from kidney failure against an insurer arising from circumstances in which plaintiff submitted blood and urine samples to the insurer prior to the issuance of a policy, and the insurer only notified him of elevated levels of one chemical although the test revealed two, dismissal of the case is affirmed where the insurer neither owed a duty to disclose nor assumed such a duty.

Appellate Information

• Decided 05/31/2007
• Published 05/31/2007

Judges

• PATRICK E. HIGGINBOTHAM, Circuit Judge:, Before HIGGINBOTHAM, WIENER, and PRADO, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

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


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