Tomalewski v. State Farm Life Insurance Company
Decision Date | 04 April 1974 |
Docket Number | No. 73-1301.,73-1301. |
Parties | Viola O. TOMALEWSKI, Appellee, v. STATE FARM LIFE INSURANCE COMPANY and Elizabeth Tomalewski, Defendant on the Counterclaim. Appeal of Elizabeth G. TOMALEWSKI, Individually and as Administratrix of the Estate of Paul Tomalewski, Deceased. |
Court | U.S. Court of Appeals — Third Circuit |
Samuel J. Goldstein, Pittsburgh, Pa., for appellant.
Raymond L. Brennan, Pittsburgh, Pa., for appellee.
Before BIGGS, GIBBONS and ROSENN, Circuit Judges.
Under Third Circuit Rule 12(6) October 24, 1973.
This is a diversity case. Viola O. Tomalewski, mother of Paul Tomalewski, sued State Farm Life Insurance Company seeking to recover the face amount of a life insurance policy issed to Paul by State Farm in the sum of $15,000. State Farm paid the money into the district court and that court ordered interpleader between Viola and Elizabeth G. Tomalewski, Paul's wife. Elizabeth claimed the proceeds of the policy individually and as administratrix of his estate.
The facts giving rise to the controversy sub judice are described by the district judge as follows:
In her answer to the complaint, under the heading "New Matter", paragraph 21, Elizabeth alleged the following: "The said Elizabeth G. Tomalewski avers that her husband during his lifetime did make a gift absolute of said policy to her; hence at his death, she is entitled to the proceeds thereof." In the plaintiff's answer to the new matter alleged in paragraph 21, it is stated: Thus a question of fact was presented.
On November 2, 1972, plaintiff Viola renewed a previous motion for judgment on the pleadings and on January 2, 1973, Elizabeth filed a motion for summary judgment. In a motion to dismiss, if matters outside the pleading are presented and not excluded by the court (here, the deposition of Valicenti, the insurance agent who wrote the policy), the court is required to treat the motion to dismiss as one for summary judgment and to dispose of it as provided in Rule 56. Carter v. Stanton, 405 U.S. 669, 671, 92 S.Ct. 1232, 31 L.Ed.2d 569 (1972) (Per Curiam). The learned district judge granted summary judgment in favor of Viola Tomalewski finding as a matter of law that she was entitled to the proceeds of the policy. See 354 F. Supp. 1359.
The use and purpose of a motion for summary judgment is well stated in Mintz v. Mathers Fund, Inc., 463 F.2d 495, 498 (7 Cir. 1972), as follows: But it is the law that where * * *"motions for summary judgment are made by both parties, if the pleadings present a genuine issue as to a material fact, there can be no valid summary judgment of the disputed facts. Utica Mutual Insurance Co. v. Rollason, 246 F.2d 105 (4 Cir. 1957); M. Snower & Co. v. United States, 140 F.2d 367 (7 Cir. 1944); United States v. Haynes School District No. 8, 102 F.Supp. 843 (E.D.Ark.1951); City of...
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