Burkey v. Government Employees Hospital Ass'n
Court of Appeals for the Fifth Circuit
1Opinion of the Court
EDITH H. JONES, Circuit Judge:
Linda W. Burkey Mahaffey, a federal employee, and Carey David Burkey filed suit in 1986 contending that the Government Employees Hospital Association (“GEHA”) breached its contractual agreement to pay Carey David Burkey’s medical bills. They were awarded recovery under Louisiana law, which authorizes damages and attorneys’ fees for unreasonable delay in paying health and accident insurance claims. La.Rev.Stat.Ann. 22:657 (West Supp.1992). We hold, contrary to this award, that Louisiana’s penalty provision is inconsistent with and therefore preempted by the…
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