Sandra Lawrence Dickerson v. The Equitable Life Assurance Society of the United States, a Corporation

McMILLIAN, Circuit Judge.

This is an appeal in a diversity action brought by Sandra Lawrence Dickerson (appellee) against The Equitable Life Assurance Society of the United States (Equitable). Appellee sought the proceeds of her husband’s life insurance policy, which Equitable claimed had lapsed for non-payment. The trial court 1 entered judgment for ap-pellee and awarded her the full policy amount (less unpaid premiums) plus a statutory penalty and attorney’s fees. Equitable appeals on the ground that the trial court decided the case on an issue not raised at trial or in the pleadings. For…