Opinion
No. 15-30346
09-14-2015
RONALD T. ALSUP, Plaintiff - Appellant v. UNUM LIFE INSURANCE COMPANY OF AMERICA; PROVIDENT LIFE & ACCIDENT INSURANCE COMPANY; UNUM PROVIDENT CORPORATION, Defendants - Appellees
Summary Calendar Appeal from the United States District Court For the Western District of Louisiana
USDC No. 5:13-CV-256
Before WIENER, HIGGINSON, and COSTA, Circuit Judges. PER CURIAM:
Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. --------
Plaintiff-Appellant Ronald T. Alsup, M.D., appeals the district court's dismissal of this, his second lawsuit advancing his claim of total disability against Defendants-Appellees, Unum Life Insurance Company of America; Provident Life & Accident Insurance Company; and Unum Provident Corporation (collectively "Unum") as issuers of a disability insurance policy governed by the Employment Retirement Income Security Act ("ERISA"). We affirm.
Our review of the record on appeal, including the briefs and excerpts of the parties and the March 18, 2015 Memorandum Ruling of the district court, convinces us beyond cavil that the court's Judgment of even date is not just free of reversible error, but is imminently correct. We are satisfied that, at bottom, it was Dr. Alsup, not Unum's administrative review personnel, who was arbitrary and capricious throughout the course of that process. For essentially the reasons carefully and patiently explicated by the district court in its Memorandum Ruling, we affirm the above said Judgment.
AFFIRMED.