Mitchell v. Globe Life and Acc. Ins. Co.

• Decision Date: 13 November 2007
• Docket Number: Civil Action File No. 4:06-CV-0134-HLM.
• Citation: 548 F.Supp.2d 1385
• Parties: John MITCHELL, Plaintiff, v. GLOBE LIFE AND ACCIDENT INSURANCE COMPANY, Defendants.
• Court: U.S. District Court — Northern District of Georgia

548 F.Supp.2d 1385

John MITCHELL, Plaintiff, v. GLOBE LIFE AND ACCIDENT INSURANCE COMPANY, Defendants.

Civil Action File No. 4:06-CV-0134-HLM.

United States District Court, N.D. Georgia, Rome Division.

November 13, 2007.

COPYRIGHT MATERIAL OMITTED

Christopher Lee Corbin, Farrar & Corbin, P.C., Summerville, GA, for Plaintiff.

Kenton Jones Coppage, Aaron Edward Pohlmann, Smith Moore, LLP, Atlanta, GA, for Defendants.

ORDER

HAROLD L. MURPHY, District Judge.

This is a breach of contract action in which Plaintiff seeks to require Defendant to pay sums allegedly due under an accidental death insurance policy. The case is before the Court on Plaintiffs Motion for Summary Judgment [31], on Defendant's Motion for Summary Judgment [37], on Plaintiffs Notice of Objection to the Affidavit of Barbara Fuller [45],¹ and on Plaintiffs Notice of Objection to the Affidavit of Debbie Burnett [46].²

I. Background

A. Factual Background

Keeping in mind that when deciding a motion for summary judgment, the Court must view the evidence and all factual inferences in the light most favorable to the party opposing the motion, the Court provides the following statement of facts. Harris v. Coweta County, Ga., 433 F.3d 807, 811 (11th Cir.2005), rev'd on other grounds, ___ U.S. ___, 127 S.Ct. 1769, 167 L.Ed.2d 686 (2007). This statement does not represent actual findings of fact. Jones v. Am. Gen. Life Ins. Co., 370 F.3d 1065, 1069 n. 1 (11th Cir.2004) (citing Wooden v. Bd. of Regents of Univ. Sys. of Ga., 247 F.3d 1262, 1271 n. 9 (11th Cir. 2001)). Instead, the Court has provided the statement simply to place the Court's legal analysis in the context of this particular case or controversy.

1. The Parties

Plaintiff is a Georgia resident. (Notice Removal ¶ 3.) Defendant is a Delaware corporation with its principal place of business in Oklahoma. (Id.)

2. Applications for Insurance

On or about June 11, 2004, Sherry Crowe applied for life insurance with Southern Farm Bureau Life Insurance Company. (PL's Statement of Material Facts ("PSMF") ¶ 21; Def.'s Resp. PSMF ("DRPSMF") ¶ 21.) On June 28, 2004, Southern Farm Bureau Life Insurance Company denied Ms. Crowe's application for life insurance. (PSMF ¶ 22; DRPSMF ¶ 22.)

On or about June 28, 2004, Ms. Crowe applied for accidental death insurance coverage with Defendant. (Dep. of PI. Ex. 8; PSMF ¶ 1; DRPSMF ¶ 1.) The application/enrollment form that Ms. Crowe submitted named Plaintiff as the beneficiary. (PSMF ¶ 7; DRPSMF ¶ 7.)

3. Issuance of the Insurance

Effective June 28, 2004, Defendant issued a certificate of accidental death insurance, evidenced by Certificate Number 14-M068674, on Ms. Crowe's life (the "Insurance"). (PSMF ¶ 2; DRPSMF ¶ 2.) The Insurance provided an accidental death benefit of $500,000. (PSMF ¶ 3; DRPSMF ¶ 3.)

Prior to her death, Ms. Crowe was the certificate holder for the Insurance. (PSMF ¶ 5; DRPSMF ¶ 5.) The Insurance identified Plaintiff as the primary beneficiary for the Insurance. (PSMF ¶ 8; DRPSMF ¶ 8.)

4. Ms. Crowe's Prior History

Ms. Crowe was an insulin-dependent diabetic, and also suffered from hypertension. (Def.'s Statement of Material Facts ("DSMF") ¶ 6; PL's Resp. DSMF ("PRDSMF") ¶ 6.) Ms. Crowe had been hospitalized on more than one occasion for emergency treatment of problems related to diabetes, including diabetic ketoacidosis. (DSMF ¶ 7; PRDSMF ¶ 7.)

Ms. Crowe also suffered from bipolar disorder, for which she took Lithium. (DSMF ¶ 6; PRDSMF ¶ 6.) Ms. Crowe had a history of drug overdoses, including an overdose described as a suicide attempt. (DSMF ¶ 8; PRDSMF ¶ 8.)

In June 1993, Ms. Crowe received treatment at a hospital following an overdose; notes of that treatment reflect that Ms. Crowe stated that she did not "have anything to live for." (DSMF ¶ 9; PRDSMF ¶ 9.) Notes of that treatment reflect a diagnosis of "attempted suicide." (DSMF ¶ 10; PRDSMF ¶ 10.) A patient assessment form from that treatment indicates that Ms. Crowe described the overdose as deliberate, and reports that Ms. Crowe had overdosed eleven years earlier. (DSMF ¶¶ 11-12; PRDSMF ¶¶ 11-12.)

On May 10, 1997, Ms. Crowe received treatment at an emergency room following an overdose of tricyclic antidepressants. (DSMF ¶ 13; PRDSMF ¶ 13.)

On one occasion while living with Plaintiff, Ms. Crowe spoke about harming herself. (DSMF ¶ 14; PRDSMF ¶ 14.)

5. Ms. Crowe's Death and the Investigation

Shortly after midnight on August 13, 2004, an automobile registered to Plaintiff and Ms. Crowe was discovered engulfed in flames on West Armuchee Road near Summerville, Georgia. (DSMF ¶ 15; PRDSMF ¶ 15.) The vehicle was pointed in a northerly direction, and was resting against a guardrail on the southbound side of the roadway. (DSMF ¶ 16; PRDSMF ¶ 16.)

After firefighters extinguished the fire, they found a body inside the car. (DSMF ¶ 17; PRDSMF ¶ 17.) The body was burned beyond recognition. (DSMF ¶ 17; PRDSMF ¶ 17.)

Investigator Eddie Stroup, who reported to the scene, observed that the body's head was against the driver's door, the body's torso was somewhat in the driver's seat, and the body's legs were extended toward the passenger floorboard. (DSMF ¶ 18; PRDSMF ¶ 18.) Based on the position of the body, Investigator Stroup concluded that the deceased person had not been driving the automobile. (DSMF ¶ 19; PRDSMF ¶ 19.)

Investigator Stroup also concluded that there had not been a car wreck. (DSMF ¶ 20; PRDSMF ¶ 20.) Investigator Stroup could see no significant damage to the car, other than damage from the fire. (DSMF ¶ 21; PRDSMF ¶ 21.) Investigator Stroup observed what appeared to be "little skint marks" on the guardrail for some distance behind the car, indicating that the car might have lightly "skimmed" the guardrail at places. (DSMF ¶ 22; PRDSMF ¶ 22.)

A later analysis conducted by the Fire Marshal revealed that the car's driver's side floorboard had been doused with gasoline and that the fire had been set intentionally. (DSMF ¶ 23; PRDSMF f 23.) The fire investigator reported: "In my opinion, this fire originated in the driver's area of the vehicle with the use of gasoline as an accelerant. It is my opinion that this fire was intentionally and deliberately set." (DSMF ¶ 24; PRDSMF ¶ 24.) The investigators found no evidence of a gas can in the car. (DSMF ¶ 25; PRDSMF ¶ 25.)

On March 27, 2006, Plaintiffs counsel wrote to Investigator Stroup and asked Investigator Stroup to confirm that Plaintiff was not a suspect in Ms. Crowe's death. (DSMF ¶ 26; PRDSMF ¶ 26.) Investigator Stroup declined to eliminate Plaintiff as a suspect. (DSMF ¶ 27; PRDSMF ¶ 27.) According to Investigator Stroup, Plaintiff remains a suspect in Ms. Crowe's death. (Aff. of Eddie Stroup Ex. 8.) The investigation of Ms. Crowe's death remains open. (DSMF ¶ 29; PRDSMF ¶ 29.) There are no suspects in Ms. Crowe's death other than Plaintiff and his brother, Robert Mitchell, who is now deceased. (DSMF ¶ 30; PRDSMF ¶ 30.)

The body found in the car later was identified as Ms. Crowe's body, and Ms. Crowe was pronounced dead as of August 13, 2004. (PSMF ¶ 6; DRPSMF ¶ 6; PI. Dep. Ex. 14 (death certificate).) Plaintiff contends that Ms. Crowe died as the result of a homicide; however, the death certificate for Ms. Crowe states that her cause of death remains undetermined. (PI.Dep. Ex.14.)

An autopsy was performed on Ms. Crowe's body. (DSMF ¶ 51; PRDSMF ¶ 51.) The autopsy report indicates that the manner of Ms. Crowe's death and the cause of her death were undetermined. (DSMF ¶ 52; PRDSMF ¶ 52.) Indeed, the medical examiner opined:

Autopsy evaluation of the body of this unfortunate victim was significant for atherosclerotic coronary artery disease and mild tobacco-related changes in the lungs. However, the degree of destruction of the body by tire makes it impossible to rule out blunt trauma or stabbing, and the destruction of tissue limits toxicologic evaluation. While soot was found on microscopic evaluation of the lungs, it was not of the kind normally associated with smoke inhalation and is more suggestive of contamination with chaired debris. Carbon monoxide was not found in the blood; it cannot be determined that the victim was alive at the time of the fire. Forensic anthropologic consultation was unrevealing. Thus, while it is possible that this is a sudden death due to thermal burn, it cannot be conclusively shown or ruled out. Similarly, it cannot be determined whether the victim was alive or dead at the time of the fire. The cause of death is thus undetermined.

In view of the circumstances surrounding the death, the manner is classified as undetermined.

(DSMF ¶ 53; PRDSMF ¶ 53.)

On March 11, 2005, the Chattooga County coroner signed the death certificate for Ms. Crowe. (PI.Dep.Ex.14.) On March 14, 2005, the coroner filed the death certificate for Ms. Crowe. (Id.)

Plaintiff contends that he was not in Chattooga County at the time of Ms. Crowe's death. (PI. Dep. at 145-49 & Ex. 23.) Defendant acknowledges, for purposes of the instant Motions, that Plaintiff was not in Chattooga County at the time Ms. Crowe's body was found. (PSMF ¶ 20; DRPSMF ¶ 20.)

On March 30, 2007, Plaintiff took a polygraph examination, which was conducted at the Rome, Georgia, police department. (DSMF ¶¶ 38-39; PRDSMF ¶¶ 38-39.) Defendant contends that the results of the polygraph examination, which included questions relating to the cause of Ms. Crowe's death, showed significant deception. Plaintiff, however, argues that the polygraph examination was flawed, that polygraph examinations are generally unreliable, and that this polygraph examination in particular is unreliable.

Plaintiff contends that he does not know what caused Ms. Crowe's death. (DSMF ¶ 43; PRDSMF ¶ 43; Pl. Dep. at 64.) Additionally, Plaintiff has "no clue" whether Ms. Crowe died from a result of sickness. (DSMF ¶ 44; PRDSMF ¶ 44; Pl. Dep. at 64.) Plaintiff also testified that he has "no clue" whether Ms. Crowe committed suicide. (DSMF ¶ 45; PRDSMF ¶ 45; ...