United States Seventh Circuit

In a suit to recover the face amount of plaintiff's wife's life insurance policy, denial of summary judgment for plaintiff is affirmed, and request for certification of questions to the Indiana Supreme Court is denied, where: 1) the policy's suicide provision was unambiguous, valid and enforceable, and not a disproportionate forfeiture or illegal penalty; and 2) the doctrine of substantial performance did not apply to a time-limited suicide exclusion.

Appellate Information

• Decided 09/03/2008
• Published 09/03/2008

Judges

• TINDER, Circuit Judge., Before POSNER, RIPPLE, and TINDER, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Matthew J. Arnold (submitted), Arnold & Busse, Valparaiso, IN, for Plaintiff-Appellant.


• For Appellees:
  
• Debra A. Mastrian (submitted), Krieg Devault, Indianapolis, IN, for Defendant-Appellee.