Marianne Casteel v. Continental Casualty ( 2001 )


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  •                      United States Court of Appeals
    FOR THE EIGHTH CIRCUIT
    ___________
    No. 01-1956
    ___________
    Marianne Casteel,                       *
    *
    Appellant,                 *
    * Appeal from the United States
    v.                                * District Court for the Western
    * District of Arkansas.
    Continental Casualty Company,           *
    *
    Appellee.                  *
    *
    ___________
    Submitted: November 12, 2001
    Filed: December 10, 2001
    ___________
    Before McMILLIAN, BOWMAN, and STAHL,1 Circuit Judges.
    ___________
    STAHL, Circuit Judge.
    Plaintiff-Appellant, Marianne Casteel, appeals a grant of summary judgment
    in favor of Defendant-Appellee, Continental Casualty Company ("Continental"), on
    her claims of breach of contract and bad faith. At issue is a $30,000 accidental death
    and dismemberment policy issued by Appellee to Appellant's ex-husband. We affirm.
    1
    The Honorable Norman H. Stahl, United States Circuit Judge for the First
    Circuit, sitting by designation.
    Continental issued an accidental death and dismemberment policy with $1,000
    in basic coverage free of charge to Robert Casteel ("Robert") as a benefit of Robert
    and Marianne Casteel ("Marianne") being Chase Manhattan USA, N.A. cardholders.
    On January 20, 1997, Robert elected additional accidental death and dismemberment
    insurance in the amount of $30,000 and listed his wife, Marianne, as the beneficiary.
    Beginning on March 1, 1997, the Casteels' charge card was billed $14.85 per quarter
    for the additional $30,000 of coverage.
    On April 4, 2000, Robert and Marianne were divorced. Shortly thereafter, on
    May 17, 2000, Robert called the Chase Manhattan customer service center and
    informed Chase that he desired to cancel the $30,000 supplemental insurance policy,
    explaining that "my wife took it out on me and there's no reason of doing it because
    she's not my wife anymore." After verifying his date of birth, the customer service
    agent complied with his request and discontinued his supplemental coverage.2
    According to the terms of the policy, Robert was covered through the end of that
    quarter, which concluded on May 31, 2000.
    Marianne called Chase Manhattan on June 20, 2000, to remove an
    unauthorized user, alleged by Marianne to have been Robert, from her credit card.
    2
    Continental claims that it sent Robert a "Reduce to Basic Letter," indicating
    that he had cancelled his supplemental coverage and retained only the original $1,000
    of basic insurance. Neither party, however, has provided evidence that Robert
    Casteel actually received Continental's "Reduce to Basic Letter." Regardless of
    whether such letter was actually sent, it is undisputed that Marianne was never
    notified by Continental of Robert's decision to discontinue his supplemental
    coverage.
    -2-
    Approximately three weeks later, on July 9, 2000, Robert was killed in an automobile
    accident. Marianne filed a claim for benefits with Continental on August 8, 2000.
    Continental paid out $1,000 pursuant to the complementary policy, but denied
    Marianne's claim for benefits under the supplemental policy on the grounds that such
    coverage had been cancelled on or about June 1, 2000.
    Soon after Continental denied her claim under the $30,000 policy, Marianne
    filed suit in the Circuit Court of Washington County, Arkansas, accusing Continental
    of breaching its contract of insurance with her and committing the tort of bad faith.
    In her complaint, she alleged that she had purchased the supplemental policy for her
    husband and that any attempt by Robert to cancel coverage without her permission
    was invalid. Continental removed the case to federal court on September 28, 2000,
    and in March 2001, filed a motion for summary judgment, claiming that it had
    satisfied its obligations under the policy. On April 11, 2001, the district court3
    granted Continental's motion, and Marianne filed a timely appeal to this Court.
    Summary judgment is appropriate only when there is no genuine issue of
    material fact and the moving party is entitled to judgment as a matter of law. Ulrich
    v. St. Paul Fire and Marine Ins. Co., 
    912 F.2d 961
    , 963 (8th Cir. 1990). We review
    the record de novo, construing it in the light most favorable to the non-moving party.
    Thelma v. Bd. of Educ., 
    934 F.2d 929
    , 932 (8th Cir. 1991).
    3
    The Honorable Jimm Larry Hendron, United States District Judge, Western
    District of Arkansas.
    -3-
    Robert was eligible for Continental's death and dismemberment insurance as
    a result of his status as an authorized Chase Manhattan card holder, and Continental
    properly discontinued the $30,000 in supplemental coverage upon his clear and
    unequivocal request.4 Therefore, at the time of his death, Robert was only covered
    by the complementary $1,000 policy, the benefits of which Continental promptly paid
    to Marianne as the named beneficiary.5 Marianne has not demonstrated the existence
    of any disputed facts that are material to the question of what Continental's
    4
    Notwithstanding her arguments to the contrary, Marianne did not have a
    vested interest in this accident and dismemberment policy, and Robert was not
    required to secure her approval before cancelling his coverage. As Robert's wife,
    Marianne would have had rights under Arkansas law protecting her vested interest
    in any life insurance policy he may have held. See Ark. Code Ann. 23-179-128;
    Scales v. Union Cent. Life Ins. Co., 
    200 Ark. 869
     (1940). However, once they were
    divorced, Marianne no longer had the right to insure Robert's life. See Ark. Code
    Ann. 23-179-128(b).
    5
    Had Marianne not been the named beneficiary, she may not even have been
    entitled to the $1,000 proceeds because, upon their divorce, Marianne ceased to be
    an "eligible family member" of Robert, and would have no longer received priority
    in the distribution of benefits.
    -4-
    obligations were under the insurance policies.6 Accordingly, the district court
    properly entered judgment in favor of Continental.
    We affirm.
    A true copy.
    ATTEST:
    CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
    6
    Marianne also maintains that she is entitled to recover the $30,000 because
    Robert's death occurred during the insurance policy's grace period, which ensured that
    coverage stayed in effect so long as the premium was paid within thirty-one days of
    when it was due. In response to this argument, the district court found that "[e]ven
    if the policy had not been cancelled on May 17, 2000, the policy should have expired
    by its terms no later than July 1, 2000, as there is no evidence that any premiums were
    paid after March 1, 2000." Marianne insists, however, that the grace period did not
    begin to run until June 10 because the terms of the policy state that the premium will
    be charged to the credit card "during the first week of March, June, September, and
    December." In accordance with the duty to construe "ambiguous" provisions in a
    light most favorable to the non-moving party, Marianne argues that the relevant date,
    which triggered the running of the thirty-one day grace period, is the Saturday of the
    first full week of June 2000, or June 10 (even though the record demonstrates that no
    premium had ever been billed later than the fifth of the month). Marianne's tortured
    construction of the policy, offered in the hopes of creating some ambiguity so as to
    avoid summary judgment, was properly rejected by the district court in light of the
    fact that no payment was ever, in fact, made after the March-May quarter's premium
    was billed on March 5, 2000. Consequently, any retroactive coverage afforded by the
    grace period was never triggered. More importantly, however, our determination that
    Robert's cancellation of the policy was effective on May 17, 2000 renders this "grace
    period" argument irrelevant.
    -5-