Brock

MEMORANDUM ***

Penny Brock appeals the denial of her motion for summary judgment and the grant of summary judgment in favor of Life Insurance Company of North America (LINA). At issue in this case is a cancer insurance policy purchased by her late husband, William Brock. The insurance policy provided the insured with an option to purchase a survivor benefit that would pay his surviving spouse $1000 in the event that he died from a covered cancer. William Brock chose not to exercise this option. Brock now seeks $500,000 in surviv- or benefits based on the death of her husband from a covered cancer. For the *123 reasons given below, we affirm the decision of the district court.

Procedural History

Brock filed suit against LINA for wrongful denial of benefits. Brock moved for summary judgment on December 28, 2004. LINA cross-moved for summary judgment on March 11, 2005. The district court entered final judgment in favor of LINA on August 10, 2005. Following the entry of final judgment, Brock filed a notice of appeal on September 1, 2005. The notice was timely pursuant to Fed. R.App. P. 4(a). The district court had jurisdiction pursuant to 28 U.S.C. § 1332 , and we have jurisdiction…