Weber v. Transamerica Occidental Insurance

CLAY, Circuit Judge.

Plaintiff, Judy Weber, appeals from the district court’s order granting summary judgment to Defendant, Transamerica Occidental Insurance Company, while denying Plaintiffs motion for summary judgment, in this diversity action in which Plaintiff sought to collect the proceeds from an insurance policy in the amount of $100,000 that her late brother, Wayne Gotts, obtained from Defendant. For the *287reasons set forth below, we REVERSE the district court’s order and REMAND with instructions that the district court enter summary judgment in favor of Plaintiff.

BACKGROUND

In November…