Following Susan Weatherly’s death, her daughter, Jennifer Weatherly, filed a proof of claim with Reliance Standard Life Insurance Company, seeking 100 percent of the proceeds of her mother’s life insurance policy; Susan’s two sons, John and Sam Weatherly, each filed claims seeking one-third of the proceeds. Jennifer then filed this action in the Superior Court of Chatham County against John, Sam, and Reliance, seeking, inter alia, a determination that she is the sole primary beneficiary of Susan’s life insurance policy and, therefore, entitled to 100 percent of the proceeds. John filed a motion for summary judgment.1 The trial court determined that John, Sam, and Jennifer were each entitled to one-third of the life insurance proceeds and, therefore, granted the motion as to that claim. Jennifer appeals, contending the trial court erred in excluding certain evidence and in concluding that she had adduced no evidence in support of a material allegation of her claim to the proceeds of the life insurance policy. For the reasons that follow, we reverse. “In order to prevail on a motion for summary judgment under OCGA § 9-11-56, the moving party must show that there exists no genuine issue of material fact, and that the undisputed facts, viewed in the light most favorable to the nonmoving party, demand judgment as a matter of law.” Citation omitted. Benton v. Benton , 280 Ga. 468, 470 629 SE2d 204 2006. If there is no evidence sufficient to create a genuine issue as to any essential element of plaintiff’s claim, that claim tumbles like a house of cards. All of the other disputes of fact are rendered immaterial. Further, the burden on the moving party may be discharged by pointing out by reference to the affidavits, depositions and other documents in the record that there is an absence of evidence to support the nonmoving party’s case. If the moving party discharges this burden, the nonmoving party cannot rest on its pleadings, but rather must point to specific evidence giving rise to a triable issue.Citations and punctuation omitted. Sudduth v. Young , 260 Ga. App. 56, 57 1 579 SE2d 7 2003. “On appeal from the denial or grant of summary judgment the appellate court is to conduct a de novo review of the evidence to determine whether there exists a genuine issue of material fact, and whether the undisputed facts, viewed in the light most favorable to the nonmoving party, warrant judgment as a matter of law.” Citations omitted. Benton v. Benton , 280 Ga. at 470.
Viewed in the light most favorable to Jennifer, the record shows the following undisputed facts. In 2000, Susan designated Jennifer the beneficiary of a life insurance policy issued by Reliance that Susan obtained through her employment. In 2002, Susan bought a house, where she and Jennifer lived together. In 2003, Susan submitted a beneficiary designation form that added Susan’s sons, John and Sam, as contingent beneficiaries of her life insurance policy; like the 2000 designation, the 2003 designation named Jennifer as the sole primary beneficiary.
