Oakes v. Franklin Life Insurance

MEMORANDUM

GILES, District Judge.

In this diversity action plaintiff beneficiary seeks the payment of proceeds of a life insurance policy issued by defendant to an insured decedent who committed suicide. Plaintiff contends that, under the provisions of the policy, death occurred more than two years after the date of issue of the policy and, therefore, there is no bar to recovery. The parties have filed cross motions for summary judgment. The material facts are not in dispute and are stated hence:

1. Franklin Life issued the policy to Dale M. Oakes on August 24, 1977.

2. Under the heading “Payment…