Cincinnati Life Ins. Co. v. Beyrer

In interpleader proceeding filed by insurance company to determine ownership of life insurance proceedings that were contested by wife of deceased insured, as well as by assignee of creditor, who had obtained certain rights to policy from insured, Dist. Ct. did not err in granting summary judgment motion filed by assignee. Dist. Ct. could properly find that assignment of policy from insured to creditor was valid, and that wife was precluded from making claims to said proceeds. Ct. rejected wife’s contention that instant assignment to creditor was without consideration, where wife presented no facts to dispute language in assignment that assignment was made for “valuable consideration.” Moreover, Dist. Ct. did not err in denying wife’s Rule 59(e) motion to modify summary judgment order, where wife’s arguments in support of said motion could have been made while summary judgment motion was under consideration. Also, Dist. Ct. not abuse its discretion in denying wife’s motion to reconsider summary judgment order, even though wife presented new evidence to cast doubt as to whether creditor had supplied any consideration for instant assignment, since reasonable person could still conclude that Dist. Ct.’s entry of summary judgment in favor of assignee was correct.