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Kimmel v. Western Reserve Life Assurance Company of Ohio

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ARGUED SEPTEMBER 22, 2010

Before MANION, TINDER, and HAMILTON, Circuit Judges.

On November 13, 2006, Richard Kimmel applied for a $500,000 life insurance policy from Western Reserve Life Assurance Company and paid an initial premium. In return for his application and payment, he received a conditional receipt. Both Richard’s application and the conditional receipt contained a clause that expressly terminated after 60 days any life insurance coverage provided by the company pending its review of Richard’s application. Sixty days then passed without Western Reserve either accepting or rejecting Richard’s application. On February 26, 2007, Richard was killed in an automobile accident. Richard’s widow June Kimmel sought benefits under the terms of the conditional receipt. When Western Reserve denied her claim, June brought this suit. The district court granted Western Reserve’s motion for summary judgment, finding that the conditional receipt expired on its own terms and that Western Reserve had not acted in bad faith under Indiana law. The court denied as moot June’s motion for summary judgment on Western Reserve’s defense of material misrepresentation. June has appealed from the judgment. We review de novo decisions made at the summary judgment stage. See Franklin v. City of Evanston, 384 F.3d 838, 843 (7th Cir. 2004). In doing so, “we draw all reasonable inferences from the evidence in the light most favorable to the nonmoving party.” Id., quoting Williamson v. Indiana University, 345 F.3d 459, 462 (7th Cir. 2003). We affirm.

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