Elizabeth Cheiker, A/K/A Elizabeth Rebeaud v. The Prudential Insurance Company of America

Elizabeth Cheiker appeals from the district court’s grant of summary judgment in favor of Prudential Insurance Company (“Prudential”). We affirm.

FACTS

On September 1, 1981, appellant Cheiker and her father applied for an “Estate Co-Life” insurance policy with Prudential. A written Joint Co-Life policy (“the Policy”) was issued on October 1, 1981 for $50,-000.00 on the lives of appellant and her father. Appellant’s father died on January 13,1982, leaving appellant as the sole beneficiary under the Policy. Appellant made a claim to Prudential for the benefits of the Policy.

Because of the proximity of the date of death to the contract date and in accordance with Prudential’s usual procedure, Prudential conducted an investigation to confirm the information given it at the time of the application and to ascertain the circumstances of the death. Prior to completion of the claim, Prudential received a formal written demand and adverse claim for the proceeds of the Policy. Prudential then sent appellant a letter in which it informed her that the benefits had been approved, but that it was unable to disburse the benefits because of the adverse claim for the proceeds. Because of the…