Legal Opinion
Salvador Thomas Tusa, Individually, and on Behalf of His Minor Child, Amanda Elizabeth Tusa v. The Prudential Insurance Company of America
Court of Appeals for the Fifth Circuit
Decided September 25, 1987No. 86-3721PublishedCited by 7 opinions
1Opinion of the Court
POLITZ, Circuit Judge:
In this Louisiana diversity jurisdiction case we review a summary judgment allowing an insurer to increase the premium and adjust the deductible of a guaranteed renewable health benefits policy, after notice of a physical condition necessitating present and future medical care for one of the insureds. Concluding that the trial court erred in its application of Louisiana law, we affirm in part, reverse in part, and remand.
Background
The relevant facts are not in dispute. In 1973 Prudential Insurance Company marketed a comprehensive major medical policy called the…
2Cases cited17 opinions
- Myers v. Kitsap Physicians ServiceWashington Supreme Court · 1970
- Cataldie v. Louisiana Health Service & Indem. Co.Supreme Court of Louisiana · 1984
- Valladares v. Monarch Insurance CompanyLouisiana Court of Appeal · 1973
- Cormack v. Prudential Insurance Company of AmericaLouisiana Court of Appeal · 1972
- Humphries v. Puritan Life Insurance CompanyLouisiana Court of Appeal · 1975
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3Cited by7 opinions
- James Fuller v. Cbt Corporation, American Selfcare Corporation, Chicago Board of Trade, and Chicago Board of Trade Health PlanCourt of Appeals for the Seventh Circuit · 1990
- Sally Gahn v. Allstate Life Insurance CompanyCourt of Appeals for the Fifth Circuit · 1991
- Clark v. Prudential Insurance Co. of AmericaDistrict Court, D. New Jersey · 2013
- Clark v. Prudential Insurance Co. of AmericaDistrict Court, D. New Jersey · 2013
- Opinion Number, Louisiana Attorney General Reports1995
2 more not listed; retrieve them via the Exa API.