Estate of Parker Ex Rel. Parker v. AIG Life Insurance

Good Law

317 F. Supp. 2d 1167·2004 WL 1055303·2004 U.S. Dist. LEXIS 8239

United States District Court, Central District of CaliforniaMarch 31, 2004CV 02-8101DSFRZXCalifornia3,415 words

Opinion

Fischer, J.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT AIG LIFE INSURANCE’S MOTION FOR SUMMARY JUDGMENT

I. PROCEDURAL HISTORY

This action arises out of a claim for life insurance benefits denied to the estates of Dr. Gary Parker (“Parker”) and Dr. Harry Mullikin (“Mullikin”) (collectively, “decedents”). The Motion for Summary Judgment (“Motion”), Statement of Uncontro-verted Facts and Conclusions of Law (“SUF”) and Declaration of Richard P. Dieffenbach were filed December 31, 2003. The Amended Notice of Errata and Second Declaration of Richard P. Dieffenbach were filed January 12, 2004. The Opposition, Statement of Genuine Issues (“Genuine Issues”), Request for Judicial Notice, Declaration of J. Bruce Parker and Objection to Declaration of Richard P. Dieffen-bach were filed March 15, 2004. The Reply was untimely filed March 25, 2004. The Court heard oral argument on March 29, 2004. For the reasons discussed below, the Court GRANTS in part and DENIES in part the Motion for Summary Judgment.

II. LEGAL STANDARD

Summary judgment is appropriate when “the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there…

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