Cochrane et al v. American Security Insurance Company et al

Filing 24

MEMORANDUM OPINION AND ORDER...IT IS HEREBY ORDERED that defendants Motion for Summary Judgment, [#15] is Granted.A separate judgment in accordance with this memorandum is entered this same date.. Signed by Honorable Henry E. Autrey on 6/30/10. (MRS)

C o c h r a n e et al v. American Security Insurance Company et al

D o c . 24

UNITED STATES DISTRICT COURT E A S T E R N DISTRICT OF MISSOURI E A S T E R N DIVISION A N G E L COCHRANE, P la in tif f, v. A M E R IC A N SECURITY IN S U R A N C E , ET AL, D e fe n d a n t. ) ) ) ) ) ) ) ) ) )

N o . 1:09CV0162-HEA

O P IN I O N , MEMORANDUM AND ORDER T h is matter is before the Court on defendant Monumental Life Insurance C o m p an y 's ("Monumental") Motion to Dismiss, [#15], which will be treated as a m o tio n for summary judgment pursuant to the Court's order issued on March 5, 2 0 1 0 [#17]. Plaintiffs Angel Cochrane, Bruce Starks, and Lonnie Starks, Jr., by and th ro u g h his next friend, Patricia Fitzpatrick ("plaintiffs") have failed to file a re sp o n se to the motion. For the reasons set forth below, the Motion is granted. S u m m a r y Judgment Standard T h e standards for summary judgment are well settled. In determining w h e th e r summary judgment should issue, the Court views the facts and inferences fro m the facts in the light most favorable to the nonmoving party. Matsushita Elec. In d u s . Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 587 (1986); Woods v.

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D a im le r C h r y sle r Corp., 409 F.3d 984, 990 (8th Cir. 2005); Littrell v. City of K a n s a s City, Mo., 459 F.3d 918, 921 (8th Cir. 2006). The moving party has the b u rd e n to establish both the absence of a genuine issue of material fact and that it is e n title d to judgment as a matter of law. Fed.R.Civ.P. 56(c); Anderson v. Liberty L o b b y , Inc., 477 U.S. 242, 247 (1986); Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1 9 8 6 ); Enterprise Bank v. Magna Bank, 92 F.3d 743, 747 (8 th Cir. 1996). Once th e moving party has met this burden, the nonmoving party may not rest on the a lle g a tio n s in its pleadings but by affidavit or other evidence must set forth specific fa c ts showing that a genuine issue of material fact exists. Fed.R.Civ.P. 56(e). "[A] c o m p le te failure of proof concerning an essential element of the nonmoving party's c as e necessarily renders all other facts immaterial." Celotex, 477 U.S. at 323. It is in this manner that Court reviews the facts in this case. D is c u s sio n P la in tiffs ' claim against Monumental (Claim Four) alleges breach of c o n tra c t relating to an accidental death insurance policy entered into by Lonnie S ta rk s (deceased) and Monumental. Monumental has presented undisputed facts w h ic h establish the following: that Lonnie Starks died of natural causes, which was n o t a covered loss under the policy in question, and that, pursuant to the policy, M a ry Brown (Lonnie Starks's sister) is the beneficiary and the actual lawful holder

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o f any claim for relief for accidental death insurance benefits. Plaintiff has failed to present any evidence to establish a breach of contract in relation to the a c c id e n ta l death insurance policy in question. Plaintiff has failed to rebut, through affidavit or otherwise, defendant's m o tio n . There is, therefore, a complete failure of proof concerning an essential e le m e n t of plaintiff's case which necessarily renders all other facts immaterial. C e lo te x, 477 U.S. at 323. Under the standards set forth in Rule 56 of the Federal R u le s of Civil Procedure and for the reasons set forth in defendant's motion, d e fe n d a n t is entitled to judgment as a matter of law. A c c o rd in g ly , I T IS HEREBY ORDERED that defendant's Motion for Summary J u d g m e n t, [#15] is Granted. A separate judgment in accordance with this memorandum is entered this s am e date. D a te d this 30th day of June, 2010.

_______________________________ HENRY EDWARD AUTREY U N IT E D STATES DISTRICT JUDGE

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