Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.
Help support the publication of case reports on MoreLaw
Diane C. Sweem v. American Fidelity Life Assurance Company
Date: 10-08-2007
Case Number: 274 N eb. 313
Judge: Stephan
Court: Supreme Court of Nebraska on appeal from the District Court of Douglas County
Plaintiff's Attorney:
Richard J. S chicker for appellant.
Defendant's Attorney:
William M. Lamson, Jr., and Craig F. Martin, of Lamson,
Dugan & Murray, L.L.P., for appellee.
Stephan, J.
American Fidelity Life A ssurance Company (American
Fidelity) discontinued benefits it had been paying to Diane C.
Sweem under a group disability income policy, based upon its
determination that S weem was employable in some capacity
and therefore no longer totally disabled under the terms of the
policy. Sweem, contending that she is still totally disabled and
unable to work, brought this action for benefits under the policy
and other relief based on multiple claims designated as separate
"causes of action." T he district court for Douglas County entered
summary judgment in favor of American Fidelity, and Sweem
perfected this appeal. We conclude that there are genuine issues
of material fact which preclude summary judgment on Sweem's
breach of contract claim, and therefore reverse, and remand for
further proceedings. We affirm the judgment of the district court
with respect to Sweem's remaining claims.
BACKGROUND
While employed as a teacher for the Fort Calhoun Public
School District, Sweem enrolled in a group long-term disability
income insurance policy offered through the school district and
underwritten by American Fidelity. T he policy included the following
provisions:
1.09 "Total Disability" (or Totally Disabled) for the first
twelve (12) months of disability means that the Insured is
disabled and completely unable to do each and every duty
of his employment. After that, "Total Disability" means the
Insured is disabled and completely unable to engage in any
occupation for wage or profit for which he is reasonably
qualified by training, education, or experience.
. . . .
respect to the dismissal of her claims based upon bad faith,
negligent infliction of emotional distress, and intentional infliction
of emotional distress, we affirm the entry of summary
judgment as to those claims. H owever, for the reasons discussed,
we conclude that the district court erred in entering
summary judgment in favor of A merican Fidelity with respect
to S weem’s breach of contract claim. We therefore remand that
cause to the district court for further proceedings consistent
with this opinion.
About This Case
What was the outcome of Diane C. Sweem v. American Fidelity Life Assurance Company?
The outcome was: Because S weem does not raise any issue on appeal with respect to the dismissal of her claims based upon bad faith, negligent infliction of emotional distress, and intentional infliction of emotional distress, we affirm the entry of summary judgment as to those claims. H owever, for the reasons discussed, we conclude that the district court erred in entering summary judgment in favor of A merican Fidelity with respect to S weem’s breach of contract claim. We therefore remand that cause to the district court for further proceedings consistent with this opinion.
Which court heard Diane C. Sweem v. American Fidelity Life Assurance Company?
This case was heard in Supreme Court of Nebraska on appeal from the District Court of Douglas County, NE. The presiding judge was Stephan.
Who were the attorneys in Diane C. Sweem v. American Fidelity Life Assurance Company?
Plaintiff's attorney: Richard J. S chicker for appellant.. Defendant's attorney: William M. Lamson, Jr., and Craig F. Martin, of Lamson, Dugan & Murray, L.L.P., for appellee..
When was Diane C. Sweem v. American Fidelity Life Assurance Company decided?
This case was decided on October 8, 2007.