IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-30770
Summary Calendar
JOHN KENNY
Plaintiff-Appellant,
versus
AAA LIFE INSURANCE COMPANY
Defendant-Appellee.
Appeal from the United States District Court
For the Eastern District of Louisiana
(95-CV-3077-D)
January 7, 1997
Before HIGGINBOTHAM, DAVIS, and WIENER, Circuit Judges.
PER CURIAM:*
Plaintiff John Kenny appeals the district court’s grant of
summary judgment against him. Kenny was injured when, while riding
a bicycle, he was struck by a car. Kenny’s claim that the two
insurance policies issued by AAA cover the accident is mistaken;
the district court correctly determined that the policies in
question do not provide coverage for the Kenny in this type of
accident. See Massachusetts Mut. Life Ins. Co. v. Nails, 549 So.2d
*
Pursuant to Local Rule 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this opinion should not be published and is not precedent except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 Local Rule 47.5.4.
826, 832 (La. 1989) (when the words of an insurance contract are
clear and unambiguous, terms are to be taken and understood in
their plain and ordinary sense) (adopting a rule of strict
construction).
Kenny contends on appeal that summary judgment is not
appropriate because he has stated claims under Louisiana law for
false advertising, misrepresentation, and breach of Louisiana
insurance law, LA. REV. STAT. ANN. §§ 22:658, 1220. The district
court did not consider or rule on these issues. Unfortunately for
Kenny, the Louisiana statutes he cites explicitly provide that they
are not applicable to health and accident insurance claims. See
LA. REV. STAT. ANN. § 22:1220(D) (§ 22:1220 “shall not be applicable
to claims made under health and accident insurance policies”); Id.
§ 22:658 (applies to “all insurers issuing any type of contract,
other than those specified in” § 22:656-57, which include health
and accident policies); Id. § 22:6(2) (defining Health and Accident
Insurance). Furthermore, the record before us contains no evidence
whatsoever to support a claim of misrepresentation, false
advertising, or breach of insurance law. In order to avoid summary
judgment, plaintiff must offer evidence sufficient to establish the
existence of each element essential to his case, not mere assertion
or speculation. Celotex Corp. v. Catrett, 477 U.S. 317 (1986).
The judgment of the district court is in all respects
AFFIRMED.
2