Tammy Hutson v. Protective Life Ins., (8th Cir. 2005)

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United States Court of Appeals

FOR THE EIGHTH CIRCUIT

No. 04-2063

Tammy Hutson, Appellant, Appeal from the United States

District Court for the Western

v. District of Missouri.

Protective Life Insurance Company, [UNPUBLISHED]

Appellee.

Submitted: January 12, 2005

Filed: January 18, 2005

Before WOLLMAN, McMILLIAN, and FAGG, Circuit Judges.

PER CURIAM.

Tammy Hutson appeals the district court's adverse grant of summary judgment in her action seeking recovery of the proceeds from a life insurance policy issued by Protective Life Insurance Company that named her as beneficiary and expired before the insured's death. The district court rejected Hutson's state-law claims for negligent misrepresentation and breach of contract. Because this is a diversity case, we review de novo questions of state law. Having considered the record and the parties' arguments, we are satisfied the district court correctly applied the controlling state The Honorable Fernando J. Gaitan, Jr., United States District Judge for the Western District of Missouri. law and properly resolved the issues. Because a comprehensive opinion would have no precedential value in a diversity case that is factually unique to these parties, we affirm on the basis of the district court's ruling without further discussion. See 8th Cir. R. 47B.

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