Ohio National Life Insurance v. Rust

NATURE OF CASE

The Ohio National Life Insurance Company (Ohio National) sued its insured, Norman G. Rust, to recover payments made to Rust allegedly by mistake. Ohio National appeals the district court’s order which granted summary judgment in favor of Rust.

SCOPE OF REVIEW

Summary judgment is proper when the pleadings, depositions, admissions, stipulations, and affidavits in the record disclose that there is no genuine issue as to any material fact or as to the ultimate inferences that may be drawn from those facts and that the moving party is entitled to judgment as a matter of law. Marrs v.…