House v. American United Life Insurance

Because the majority opinion (1) disregards our holding in Robertson v. Alexander Grant & Co., 798 F.2d 868 (5th Cir.1986) to find that the insurance policy is governed by ERISA and (2) ignores the provisions of Louisiana Revised Statute section 22:230 and Louisiana jurisprudence on total disability policy definitions to conclude that Walter House does not qualify as totally disabled under the policy language, I respectfully dissent.

I. ERISA Coverage

As an initial matter, the majority misstates the standard of review for the question of whether House’s insurance policy constitutes an ERISA…