IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED October 10, 2008 No.07-30992 Charles R. Fulbruge III Clerk CARL J. SERVAT, JR. Plaintiff-Appellee v. AMERICAN HERITAGE LIFE INSURANCE COMPANY Defendant-Appellant

Appeal from the United States District Court for the Eastern District of Louisiana 2:04-CV-2928

Before KING, HIGGINBOTHAM, and WIENER, Circuit Judges.

PER CURIAM:* For essentially the reasons stated by the district court, we AFFIRM.

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.