Guarantee Trust Life Insurance Company v. Edward M. Gavin, D.C., D/B/A Gavin Chiropractic Clinic

REAVLEY, Circuit Judge,

dissenting:

I believe there is more to Dr. Gavin’s claim than can be duly resolved by this summary judgment. The district court assumed (678 F.Supp. at 1253) that only chiropractors provide the services described in the policy as quoted in the majority opinion. Indeed, the treatment there described seems on its face to be aimed precisely at the practice of chiropractic. To limit the benefits for this method of treatment may well be discriminatory against the method of treatment, whatever may be said about the benefits for hospital patients. I would remand for trial before holding that the Louisiana statute, which voids policy provisions discriminatory against any method of practice, is not offended by Guarantee’s coverage.