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Delaware American Life Insurance Co. v. Mastovich-King

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


December 6, 2007

DELAWARE AMERICAN LIFE INSURANCE COMPANY, PLAINTIFF,
v.
CHRIS MASTOVICH-KING AND KIM BEAL, DEFENDANTS,
KIM BEAL, CROSS-CLAIMANT,
v.
CHRIS MASTOVICH-KING, CROSS-CLAIM DEFENDANT.*FN1

The opinion of the court was delivered by: Herndon, Chief Judge

ORDER

Now before the Court is Kim Beal's October 24, 2007 motion for partial summary judgment as to Mastovich-King's expectancy interest in the life insurance proceeds of the decedent Ronald Mastovich (Doc. 44). Specifically, Beal moves for summary judgment on the issue of whether the marital settlement extinguishes any interest that Mastovich-King has in the insurance proceeds. As of this date, Mastovich-King has not responded to the motion for partial summary judgment.*fn2 Thus, pursuant to Local Rule 7.1(c), the Court finds the failure to respond as an admission of the merits of the motion for partial summary judgment. Accordingly, the Court GRANTS Beal's motion for partial summary judgment (Doc. 44). The Court ORDERS the Clerk of the Court to enter judgment in favor of Beal and against Mastovich-King on the issue of whether the marital settlement extinguishes any interest that Mastovich-King has in the insurance proceeds at the close of the case.

IT IS SO ORDERED.

David R Herndon Chief Judge United States District Court


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