Brown v. J.C. Penney Life Insurance Co.

HIGHERS, Judge.

Plaintiff, Cynthia Brown, filed this lawsuit in the Circuit Court at Shelby County seeking to recover insurance benefits from the defendant, J.C. Penney Life Insurance Company under a life insurance policy on her husband. We granted the defendant’s interlocutory appeal of the trial court’s decision denying its motion for summary judgment.

I

On March 16, 1989, J.C. Penney Life Insurance Company issued a life insurance policy to Cynthia Brown. This policy covered both Cynthia Brown and her family members. The policy contained an exclusion which stated that “no benefits shall be…