Kevin Michael Hall v. Modern Woodmen of America, Modern Woodmen of America, Third Party v. Michael A. Esch, Third Party

MeMILLIAN, Circuit Judge.

In this diversity action, Kevin Michael Hall appeals the district court’s 1 partial grant of summary judgment to defendant Modem Woodmen of America (MWA), and its subsequent dismissal of his suit for lack of jurisdiction. We affirm.

Following the death of Hall’s wife, Ann Hall, MWA denied Hall’s claim on a life insurance policy MWA had issued on Ann Hall, because the information reported on Ann Hall’s insurance application materially misrepresented her true medical history. Hall sued MWA, alleging breach of contract and bad faith refusal to pay. He argued that because…