RIVES FOR RIVES v. Franklin Life Ins. Co.

MEMORANDUM OPINION

SENTER, Chief Judge.

Plaintiffs bring this action pursuant to 28 U.S.C. § 1332 alleging that the defendants have wrongfully denied their claim to benefits under the terms of two life insurance policies. This cause is presently before the court on defendants’ motion for partial summary judgment.

I

In October of 1980, Don Shurden Rives, Sr., purchased two life insurance policies from the defendant insurance companies. The policy issued by Franklin Life provided for a payment of $600,000.00 upon the death of the insured, but included the following limitation:

Suicide: If within 2…