New Jersey Life Insurance Company v. James A. Getz, Ruth Getz v. National Fidelity Life Insurance Company

MERRITT, Circuit Judge.

In this diversity case from Ohio summary judgment for $100,000 was granted in favor of Ruth Getz, the beneficiary of two life insurance policies on her husband, Jack A. Getz. The trial court held trecover $50,000 each from New Jersey Life Insurance Company and National Fidelity Life Insurance Company. The insurance companies appeal.

Initially, New Jersey Life brought suit against the beneficiary seeking declaratory and injunctive relief. The beneficiary then filed a claim against National Fidelity to recover on her husband’s policy. The suits were consolidated by the…