Matt Padavich v. Hartford Life Insurance Co., et al

Filing

PER CURIAM OPINION FILED - THE COURT: ROGER L. WOLLMAN, LAVENSKI R. SMITH and RAYMOND W. GRUENDER (UNPUBLISHED) [3848166] [11-1814]

United States Court of Appeals
FOR THE EIGHTH CIRCUIT

___________
No. 11-1814
___________
Matt Padavich, personal
representative of Christopher
Padavich as beneficiary of Life
Insurance Policy on the Life of
Virginia Padavich,

*
*
*
*
*
* Appeal from the United States
Appellant,
* District Court for the
* Southern District of Iowa.
v.
*
* [UNPUBLISHED]
Hartford Life Insurance Company,
*
Successor Continental Casualty
*
Company; U.S. Bank, Successor
*
Firstar; Affinion Benefits Group, LLC, *
*
Appellees.
*
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Submitted: November 1, 2011
Filed: November 10, 2011
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Before WOLLMAN, SMITH, and GRUENDER, Circuit Judges.
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PER CURIAM.

Appellate Case: 11-1814

Page: 1

Date Filed: 11/10/2011 Entry ID: 3848166

Matt Padavich appeals the district court’s1 adverse grant of summary judgment,
in which the court concluded that his son’s estate was not entitled to the benefits of
a life insurance policy under which the son had been a beneficiary, because it was
beyond genuine dispute that the policy had been cancelled prior to the insured’s death.
Upon careful consideration of the parties’ arguments on appeal, and de novo review
of the evidence that was before the district court, see Raines v. Safeco Ins. Co. of Am.,
637 F.3d 872, 875 (8th Cir. 2011) (standard of review), we conclude that no genuine
issue of material fact remained and defendants were entitled to judgment as a matter
of law. Accordingly, we affirm. See 8th Cir. R. 47B.
______________________________

1

The Honorable James E. Gritzner, United States District Judge for the Southern
District of Iowa.
-2-

Appellate Case: 11-1814

Page: 2

Date Filed: 11/10/2011 Entry ID: 3848166