Lawshe

MEMORANDUM **

Ruth Ann Lawshe (“Lawshe”) appeals the district court’s grant of summary judgment to defendant AmerUs Life Insurance Company (“AmerUs”). Because contradictory statements by AmerUs create genuine issues of material fact as to the terms of the relevant insurance policy and as to whether a proper notice of lapse was sent to the correct address, we reverse the grant of summary judgment.

I

Lawshe was the named beneficiary for a life insurance policy issued by AmerUs on the life of Lawshe’s father. Following his death, AmerUs refused to pay off on the policy, claiming it had lapsed eight days prior to his death, when a 60-day grace period ended with no premium payment having been received. Lawshe sued AmerUs, alleging that she was entitled to the policy’s $500,000 death benefit.

During the course of the pleading and discovery stages of the litigation, AmerUs made a series of admissions that are the focus of the present appeal. First, in its answer to Lawshe’s complaint, AmerUs admitted that the governing policy was the policy attached to the complaint. Second, AmerUs admitted in its answer that “[tjhe insured, pursuant to the terms of the policy, paid all scheduled…