Commercial Union Insurance Co. v. Minnie T. Schmidt, and Norma J. Koland

HANSEN, Circuit Judge.

Norma Koland appeals from the district court’s ruling granting Minnie Schmidt’s motion for summary judgment, and denying Norma Koland’s motion for summary judgment. We reverse in part, affirm in part, and remand.

I. Background

Cora Schmidt died on February 21, 1990. She had a life insurance policy with Commercial Life Insurance Company (“Commercial Life”). When she acquired the life insurance policy in August of 1986, Cora Schmidt named her sister, Norma Koland, as the beneficiary. On February 20, 1990, one day before Cora Schmidt died, a change of beneficiary form was…