EMH Obtains Fifth Circuit Win

HOUSTON (April 13) -- The Fifth Circuit today affirmed a trial court's summary judgment granted in favor of EMH client American United Life Insurance Company ("AUL") in an ERISA-governed action. AUL had denied coverage under a group life policy after it was discovered that the insured had falsified his identity on the application. The Fifth Circuit ruled that the falsification prevented AUL from evaluating the business risk associated with the coverage and exposed it to potential regulatory sanction.

David McDowell and Alana Pulaski handled the successful appeal.