Don E. Lester, Jr., Plaintiff-Appellee-Cross v. Aetna Life Insurance Company, Defendant-Appellant-Cross

SIMPSON, Circuit Judge:

This is a Louisiana based, non-jury diversity case brought against' Aetna Life Insurance Company (Aetna)1 by the appellee, Don E. Lester, Jr., the sole beneficiary of a life insurance policy *885issued to his deceased father, Don E. Lester, Sr. to recover proceeds of the policy.8 Lester’s timely presented claim under the policy was denied by Aetna on the ground of lapse for non-payment of premium. Applying the Louisiana Notice Statute,2 3 the district court held for the appellee, explaining that under the circumstances of this case the Louisiana Supreme Court would apply…