Tolbert v. Unumprovident Corp

UNITED STATES COURT OF APPEALS
For the Fifth Circuit
No. 01-10606
Summary Calendar
SUZANNE M. TOLBERT, M.D.,
Plaintiff,
VERSUS
UNUMPROVIDENT CORPORATION; ET AL.,
Defendants.
* * * * * * *
SUZANNE M. TOLBERT, M.D.,
Plaintiff-Appellant,
VERSUS
CHARLES H. JONES, ET AL.,
Defendants,
CHARLES H. JONES,
Defendant-Appellee.
Appeal from the United States District Court
For the Northern District of Texas
CV-1513-A
CV-1692-A
November 29, 2001

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*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opinion should not be published and is not precedent except under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.
2
Before DAVIS, BENAVIDES and STEWART, Circuit Judges.
PER CURIAM:*
The appellant challenges the district court’s determination
that it had diversity jurisdiction over this suit because joinder
of the non-diverse insurance agent to her suit against the insurer
was fraudulent. Essentially, appellant, the insured seeking
recovery on a disability policy, made conclusory allegations that
the insurance agent misled her about the coverage that was afforded
under the policy. However, appellant specifically alleged in her
complaint filed in the district court that the agent advised her
that the insurance company “would continue to pay the Plaintiff
disability if she were unable to perform the task of her usual
occupation-that is of a physician.” This is not materially
different from the policy language, which affords coverage if the
appellant becomes “unable to perform the important duties of [her]
occupation.” Thus, the facts plaintiff alleged in her petition
belies her claim that the defendant agent misrepresented facts to
her or misled her about coverage afforded by the policy.
For the reasons stated above and also for the reasons stated
by the district court in its Memorandum Opinion of December 21,
2000, the judgment of the district court is affirmed.
AFFIRMED.

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