Clairelaine Garden Apartments, Inc. v. Occidental Life Insurance Company of California

HUTCHESON, Circuit Judge.

This appeal tests for error the district judge’s decision and order, entered on the undisputed facts, 1 granting appel- lee's and denying appellants’ motion for summary judgment in a suit brought to enforce the payment of the death benefits of a life insurance policy. Under the clear provisions of the policy, Clairelaine, as the beneficiary owner, held the right “to surrender this policy to the company for the net cash value, which is the cash value as shown on Column One of the Table, less any indebtedness to the company hereon”. By the terms of the assignment, which…