United States Fifth Circuit

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PROVIDENT LIFE & ACCIDENT INS. CO. v. SHARPLESS, 03-30566

Anaesthesiologist was properly found to have made material, fraudulent misstatements in her ERISA-governed disability policy application; as this made the policy retroactively void by its own terms, plaintiff's action was for rescission of the contract and was thus an equitable action, authorized by ERISA, to which there is no right to a jury trial.

Appellate Information

  • Decided 04/12/2004
  • Published 04/09/2004

Judges

  • E. GRADY JOLLY, Circuit Judge:, Before JOLLY, DUHÉ and STEWART, Circuit Judges.

Court

  • United States Fifth Circuit

Counsel

  • For Appellant:
  • Lauren Ann Welch (argued), Michael Thomas Tusa, Jr., McCranie, Sistrunk, Anzelmo, Hardy, Maxwell & McDaniel, Metairie, LA, for Provident Life & Acc. Ins. Co., Harry Alston Johnson, III (argued), Phelps Dunbar, Amos H. Davis, Baton Rouge, LA, for Sharpless.