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.
- Decided 05/31/2007
- Published 05/31/2007
PATRICK E. HIGGINBOTHAM, Circuit Judge:, Before HIGGINBOTHAM, WIENER, and PRADO, Circuit Judges.
United States Fifth Circuit
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.