Herzog v. Graphic Packaging International, Inc.

Dist. Ct. did not err in granting defendant-insurance company’s motion for summary judgment in ERISA action by plaintiff-beneficiary of life insurance policy alleging that defendant improperly cancelled decedent’s supplemental insurance policy without his consent and had failed to pay plaintiff proceeds of said policy. While plaintiff argued that jury could infer wrongful conduct on defendant’s part since said alleged cancellation took place two months after decedent had been diagnosed with cancer, record showed that supplemental life insurance policy was not in force at time of decedent’s death, and plaintiff failed to present any evidence beyond suspicious timing to indicate that defendant was responsible for cancellation of said policy.