Palcsesz v. Midland Mutual Life Insurance

OPINION

DEBEVOISE, Senior District Judge.

This diversity insurance action arises from the death of Imre Palcsesz. Mr. Palcsesz’s wife, plaintiff Dominique Palc-sesz, seeks to recover life insurance proceeds on a policy issued to her husband by defendant Midland Mutual Life Insurance Company (“Midland”). The manner of decedent’s death is the primary issue in the case, as it will determine Midland’s liability under the insurance policy. Defendant Midland moves for summary judgment on the grounds of judicial estoppel. For the reasons set forth herein, Midland’s motion will be granted and the…