Brackx v. Minnesota Mutual Life Insurance

MEMORANDUM OPINION AND ORDER GRANTING, IN PART, AND DENYING, IN PART, DEFENDANT’S MOTION FOR PARTIAL SUMMARY JUDGMENT

GADOLA, District Judge.

Before the court is defendant, The Minnesota Mutual Life Insurance Company’s (“MML”), motion for partial summary judgment, pursuant to Federal Rule of Civil Procedure 56(c), filed on November 8, 1996. In that motion, defendant seeks summary judgment as to Counts I, II and III of plaintiff, Charles Braekx’s (“Brackx”), four count complaint. Oral argument was heard on February 19, 1997. At oral argument, plaintiff’s counsel conceded that summary judgment is…