Hunter
Hunter v. North American Co. for Life & Health Insurance
Opinion
Opinion
Sabraw, J.
ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFF’S CROSS MOTION FOR SUMMARY JUDGMENT
This diversity action arises out of an insurance death benefits dispute between Plaintiff Lyle W. Hunter and Defendant North American Company for Life and Health Insurance. The parties filed cross-motions for summary judgment regarding whether benefits are due upon the death of a “secondary insured.” The matter was heard on February 27, 2009, with Anton Gerschler and Dena Acosta appearing on behalf of Plaintiff, and Morgan J. Milner and Susan Basinger appearing on behalf of Defendant. The Court grants Defendant’s motion and denies Plaintiffs cross-motion for the reasons set forth below.
I.
BACKGROUND
The facts in this case are undisputed. On December 3, 1986, Plaintiff applied for an Amoco life insurance policy, insuring himself as the primary insured and his then-wife, Vickie Jo Hunter, as a secondary insured. (Undisputed Material Fact, “UMF” 1.) Plaintiffs application was approved, and on February 19, 1987, Policy 627831219 (“Policy”) was issued, which insured Plaintiff for $100,000 and Plaintiffs former spouse for $75,000. (UMF 2.) Defendant subsequently assumed…