Officer v. Chase Insurance Life & Annuity Co.
| Decision Date | 13 March 2007 |
| Docket Number | No. 4:06-CV-00127.,4:06-CV-00127. |
| Court | U.S. District Court — Northern District of Indiana |
| Parties | Dean OFFICER, Plaintiff, v. CHASE INSURANCE LIFE & ANNUITY COMPANY, Defendant. |
Matthew J. Arnold, Ferngren Arnold & Busse LLP, Valparaiso, IN, for Plaintiff.
Debra A. Mastrian, Krieg Devault LLP, Indianapolis, IN, for Defendant.
Before this Court are the Motion for Summary Judgment (Docket No. 5) filed by Plaintiff, Dean Officer, on October 3, 2006, and the Rule 56 Motion to Strike (Docket No. 12) filed by Defendant, Chase Insurance Life and Annuity Company, on December 4, 2006. Oral arguments were heard on these motions in Lafayette, Indiana on March 2, 2007, and the issues have been fully briefed.
The Plaintiff, Dean Officer, is the properly designated beneficiary on life insurance policy No. FK3318559 ("the Policy"). This policy was issued by Chase Insurance Life and Annuity Company ("Chase")1 on February 11, 2004, insuring the life of Theresa S. Officer — the plaintiff's wife — in the amount of One Million Dollars ($1,000,000). The Policy contains the following two-year suicide provision:
Suicide We will limit the proceeds we pay under this policy if the insured commits suicide, while sane or insane:
1. Within 2 years from the Date of Issue; and
2. After 2 years from the Date of Issue, but within 2 years from the effective date of the last reinstatement of this policy.
The policy amount will equal all premiums paid on this Policy.
This policy language was submitted to and approved by the State of Indiana Department of Insurance. See Van Keulen Aff. at ¶ 6 & 8.
On January 4, 2006, the insured, Theresa Officer, died as the result of a gunshot wound to the head. The Jasper County Sheriffs Department conducted an investigation and, thereafter, ruled Theresa Officer's death a suicide. See Williamson Aff. at ¶ 3-4, 11. The Jasper County Coroner conducted its own investigation and also concluded that Theresa Officer's death was the result of a self-inflicted gunshot wound. See Jasper County Coroner's Inquest. Based on this information, Chase treated Theresa Officer's death as a suicide. In response to a claim filed by Dean Officer — the beneficiary — and in accordance with the policy language, Chase paid the benefits due under the Policy pursuant to the Policy's two-year suicide provision, which amounted to $540.00, the amount of premiums paid.
On July 25, 2006, counsel for the Plaintiff returned the $540.00 check to Chase and demanded full payment of the Policy proceeds; Chase maintained its position and denied coverage. Then, on August 30, 3006, Dean Officer filed this lawsuit in the Jasper Superior Court in Rennselaer, Indiana. The Plaintiff contends that the suicide provision should be nullified on the basis of ambiguity and illegality and asserts a claim for breach of contract based on substantial compliance with the terms of the policy. Chase removed the action to this Court based upon diversity jurisdiction.
Summary judgment is appropriate if "the pleadings, depositions, answers to interrogatories, and admissions on file, together with affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." FED.R.CIV.P. 56(c); Celotex Corp. v. Catrett, 477 U.S. 317, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); Anderson' v. Liberty Lobby, Inc., 477 U.S. 242, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986); Bragg v. Navistar Int'l Trans. Corp., 164 F.3d 373 (7th Cir. 1998). After affording the parties adequate time for discovery, a court must grant summary judgment against a party "who fails to make a showing sufficient to establish the existence of an element essential to that party's case, on which that party will bear the burden of proof at trial." Celotex, 477 U.S. at 322, 106 S.Ct. 2548.
The initial burden is on the moving party to demonstrate, "with or without supporting affidavits," the absence of a genuine issue of material fact and that judgment as a matter of law should be granted in the moving party's favor. Celotex, 477 U.S. at 324, 106 S.Ct. 2548 (quoting FED.R.CIV.P. 56); Larimer v. Dayton Hudson Corp., 137 F.3d 497 (7th Cir.1998), reh'g denied. A question of material fact is a question which will be outcome-determinative of an issue in the case. The Supreme Court has instructed that the facts material in a specific case shall be determined by the substantive law controlling the given case or issue. Anderson, 477 U.S. at 248, 106 S.Ct. 2505. The moving party may discharge this initial burden by demonstrating that there is insufficient evidence to support the nonmoving party's case. Celotex, 477 U.S. at 325, 106 S.Ct. 2548. The moving party may also choose to support its motion for summary judgment with affidavits and other admissible material, thereby shifting the burden to the nonmoving party to demonstrate that an issue of material fact exists. Steen v. Myers, 2006 WL 335521 at *1 (7th Cir. Feb. 13, 2006); See Kaszuk v. Bakery & Confectionery Union & Indus. Int'l Pension Fund, 791 F.2d 548, 558 (7th Cir.1986); Bowers v. DeVito, 686 F.2d 616, 617 (7th Cir.1982); Faulkner v. Baldwin Piano & Organ Co., 561 F.2d 677, 683 (7th Cir.1977). The nonmoving party cannot rest on its pleadings, Weicherding v. Riegel, 160 F.3d 1139 (7th Cir.1998); Waldridge v. American Hoechst Corp., 24 F.3d 918, 920-21 (7th Cir.1994); nor may that party rely upon conclusory allegations in affidavits. Smith v. Shawnee Library Sys., 60 F.3d 317, 320(7 th Cir.1995).
During its summary judgment analysis, the court must construe the facts and draw all reasonable inferences in the light most favorable to the nonmoving party. Bombard v. Fort Wayne Newspapers, Inc., 92 F.3d 560 (7th Cir.1996). However, the plaintiff must do more than raise a "metaphysical doubt" as to the material facts. Matsushita, 475 U.S. at 577, 106 S.Ct. at 1351. Rather, he must come forward with "specific facts" showing that there is a genuine issue for trial. Id. at 587, 106 S.Ct. 1348 (quoting FED.R.Civ.P. 56(e)). Furthermore, the court is required to analyze summary judgment motions under the standard of proof relevant to the case or issue. Anderson, 477 U.S. at 252-55, 106 S.Ct. 2505. In other words, a party's evidence must be "competent evidence of a type otherwise admissible at trial." Steen, 2006 WL 335521, at *2; quoting Bombard, 92 F.3d at 562.
Before the Court can rule on Plaintiff's Motion for Summary Judgment it must address Defendant's Motion to Strike (Docket No. 12). Chase filed its Motion to Strike, pursuant to N.D. Ind. L.R. 7.1 and 56.1(d), on December 4, 2006. Specifically, the Defendant requested that this Court strike Exhibit A attached in support of Plaintiff's Motion for Summary Judgment. Exhibit A purports to be "U.S.A. Suicide: 2003 Official Final Data, John McIntosh, PhD., American Ass'n of Suicidology." The Plaintiff did not respond to Defendant's Motion to Strike.
Local Rule 7.1(a) states: "Failure to file a response or reply within the time prescribed [by the Rules] may subject the motion to summary ruling." The Court notes that the Plaintiff did file a Reply in Support of Motion for Summary Judgment on January 15, 2007. However, the Plaintiff does not address Defendant's Motion to Strike in either that reply or a separate response. Therefore, Defendant's Motion to Strike may be granted summarily according to Local Rule 7.1(a).
Further, Defendant's Motion to Strike is appropriately granted on the merits because district courts may only consider properly designated evidence that would be admissible at trial when ruling on a motion for summary judgment. FED. R. CIV. P. 56(e); Waldridge v. American Hoechst Corp., 24 F.3d 918, 921 n. 2 (7th Cir.1994). See also, Stinnett v. Iron Works Gym/Executive Health Spa, Inc., 301 F.3d 610, 613 (7th Cir.2002) (); Powers v. Dole, 782 F.2d 689, 696 (7th Cir.1986) (). And before evidence may be admitted, it must be authenticated. Federal Rule of Evidence 901(a) states, "[t]he requirement of authentication or identification as a condition precedent to admissibility is satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims." In United States v. Brown, the Court stated, "[a]uthentication relates only to whether the documents originate from [their alleged source]; it is not, synonymous to vouching for the accuracy of the information contained in those records." 688 F.2d 1112, 1116 (7th Cir. 1982).
Here, the Plaintiff has not properly authenticated or "otherwise verified" the source or validity of the information contained in "U.S.A. Suicide: 2003 Official Final Data, John McIntosh, PhD., American Ass'n of Suicidology." See, Rogers v. Ford Motor Co., 952 F.Supp. 606, 611 (N.D.Ind.1997). He failed to properly designate any of the evidentiary materials submitted as supporting a particular material fact. Further, Exhibit A fails to comply with the requirements of Rule 56(e) because it is not authenticated by and attached to an affidavit verifying its authenticity and because it is not a self-authenticating document. Without proper authentication, these materials are inadmissible and must be stricken. Accordingly, Defendant's Motion to Strike (Docket No. 12) is GRANTED.
In his motion for summary judgment, the Plaintiff requests that the Court: (1) declare as a matter of law that the Policy's two-year suicide exclusion is...
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