Federal Kemper Life Assurance Co. v. Ellis

LOGAN, Circuit Judge.

Defendant Yerlie J. Ellis appeals the entry of summary judgment in favor of plaintiff Federal Kemper Life Assurance Company (Kemper) on Kemper’s suit seeking a declaratory judgment that it did not owe the face amount of a policy insuring the life of defendant’s decedent, Jerry Ellis, because the policy lapsed due to nonpayment of premiums. Defendant’s counterclaim for the face amount of the policy, alleging Kemper’s failure to send premium notices and a lapse notice, was dismissed.

The issues on appeal concern the district court’s findings and conclusions that (1) the…