United States Fifth Circuit

Directive 175 issued by the Louisiana Commissioner of Insurance, which provides that "any right of recovery from third parties on the part of the insurer, whether by subrogation or reimbursement, is subordinate to the insured's right to be fully compensated for his damages; and ... the insurer is obligated to share in the legal expenses incurred", is not preempted by the conflict preemption section of ERISA.

Appellate Information

• Decided 03/11/2008
• Published 03/12/2008

Judges

• JERRY E. SMITH, Circuit Judge:, Before REAVLEY, SMITH and DENNIS, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Perry R. Staub, Jr., Donald J. Miester, Jr. (argued), Larry E. Demmons, Taggart, Morton, Ogden, Staub & O'Brien, New Orleans, LA, for Plaintiff-Appellant.


• For Appellees:
  
• Thomas More Flanagan (argued), William Michael Ross, F.A. Little, Jr., Stanley, Flanagan & Reuter, New Orleans, LA, Lorraine Adrienne Dupont, Louisiana Dept. of Ins., Baton Rouge, LA, for Defendant-Appellee.