(Greenville Police Department Report, attached to Def.'s MSJ as ex.

While conducting its on-site investigation, the Greenville Police Department learned from plaintiff that Foster had attempted suicide on two prior occasions. The State Medical Examiner's Report of Death Investigation, Foster's Certificate of Death and the Greenville Police Department Investigation Report all comport with the conclusion that Foster hanged himself and list ligature strangulation as the immediate cause of death. According to all official reports, Foster committed suicide. No indications of a struggle, forced entry or foul play were evident. Foster was discovered hanging from a bedroom door with one end of a knotted pair of electrical extension cords tied around his neck the other end looped over the door and fastened to the door knob on the opposite side. Among the policy's general provisions is a suicide exclusion clause, stating: If the insured, whether sane or insane, commits suicide within two years from the Date of Issue, we only refund the amount of the premiums already paid less indebtedness.įoster's life ended on August 20, 1989, one year and 11 months after the policy issue date. Plaintiff is the named beneficiary under the policy. On September 20, 1987, defendant Globe Life issued a life insurance policy with a *1283 face value of $14,706, covering the life of plaintiff's deceased husband, Jimmy Doyle Foster ('Foster'). Therefore, plaintiff's breach of contract and bad faith claims against defendant are hereby dismissed with prejudice. The court finds no genuine issue of material fact exists concerning defendant insurer's nonpayment of life insurance benefits. Finally, the amount in controversy exceeds $50,000.īased upon a thorough review of the parties' pleadings, briefs, depositions, authorities, plaintiff's affidavit, and the record as a whole, the court hereby grants defendant's summary judgment motion in its entirety. § 1332 plaintiff Ruby Foster is a citizen of Mississippi while defendant is a corporation organized under the laws of Delaware with its principal place of business in Oklahoma. Original diversity jurisdiction rests with this court under 28 U.S.C. Monty Simpkins, Jackson, MS, for defendant.ĭefendant insurer Globe Life & Accident Insurance Company ('Globe Life') moves this court for summary judgment or in the alternative for partial summary judgment on the issue of punitive damages pursuant to Rule 56 of the Federal Rules of Civil Procedure. Hollowell, Jr., Greenville, MS, for plaintiff. GLOBE LIFE & ACCIDENT INSURANCE COMPANY, Defendant.

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