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22. Based only on evidence in the record, which party is likely to prevail on a motion for summary judgment?
Under State A law, the party seeking recovery under an accidental death policy has the burden of establishing the insured's death. The wife and the insurance company both filed motions for summary judgment.
A man's wife filed a diversity action in State A federal court against a life insurance company to recover life insurance proceeds pursuant to the accidental death provision of her husband's life insurance policy. The evidence showed that the man was last seen on a business trip five years ago and has not been heard from since. His body was never recovered.
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The movant (the person seeking summary judgment) can show the lack of a genuine issue of fact by submitting affidavits as proof. They must:
(i) contain matters as to which the affiant has personal knowledge;
(ii) state only matters which would be admissible at trial; AND
(iii) show the affiant is competent to testify at trial.
The movant may also submit the fruits of discovery no matter which side they were obtained from.
A is correct. Summary judgment is appropriately granted in favor of the movant against an adverse party who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial. The court will likely grant summary judgment if the movant shows that there is no genuine dispute as to any material fact, and the movant is entitled to judgment as a matter of law.
Here, the wife has the burden of proving the man is deceased, but she has failed to meet this burden. The court here will likely grant the insurance company's motion for summary judgment because the wife has failed to provide any evidence to support an essential element of her claim. The facts state that the man has been missing for five years, but the wife has no other proof of his death other than that she personally had not seen him in five years. The presumption is that man is alive, and the woman has not proven her burden to show he is deceased.
B is incorrect. It is the wife who bears the burden of establishing the man's death to defeat the insurance company's motion for summary judgment. The evidence provided in the record showed only that the man was last seen on a business trip five years ago and has not been heard from since. This is not sufficient to meet her burden. Thus, she will not prevail in a motion for summary judgment.
C is incorrect. To defeat the insurance company's motion for summary judgment, the wife bears the burden of establishing the man's death. Whether the insurance company moves for summary judgment does not displace the wife's burden of proof. In other words, the burden may not be shifted to the insurance company to defeat the wife's motion for summary judgment simply when she meets her own burden.
D is incorrect. The court must ask which party bears the burden of proof at trial and then analyze the evidence in support of that burden of proof. Here, the wife has the burden to prove her claim and has failed to meet this burden with the evidence provided. Therefore, the insurance company's motion for summary judgment will likely be granted.