Derrick Mitchell, Personal Representative of the Estate of Tom James Mitchell, Plaintiff, represented by Donald R James, Jr , BAXLEY DILLARD MCKNIGHT & JAMES, Elizabeth W McElroy , BAXLEY DILLARD MCKNIGHT & JAMES, Joel E Dillard , BAXLEY DILLARD MCKNIGHT JAMES & MCELROY & William J Baxley , BAXLEY DILLARD MCKNIGHT JAMES & MCELROY.
Christopher Mitchell, Personal Representative of the Estate of Tom James Mitchell, Plaintiff, represented by Donald R James, Jr , BAXLEY DILLARD MCKNIGHT & JAMES, Elizabeth W McElroy , BAXLEY DILLARD MCKNIGHT & JAMES, Joel E Dillard , BAXLEY DILLARD MCKNIGHT JAMES & MCELROY & William J Baxley , BAXLEY DILLARD MCKNIGHT JAMES & MCELROY.
Modern Woodmen of America, a Fraternal Benefit Society, Defendant, represented by Sara Anne Ford , LIGHTFOOT FRANKLIN & WHITE LLC, Brooke G Malcom , LIGHTFOOT FRANKLIN & WHITE & Jeffrey P Doss , LIGHTFOOT FRANKLIN & WHITE LLC.
Modern Woodmen of America, Counter Claimant, represented by Sara Anne Ford , LIGHTFOOT FRANKLIN & WHITE LLC, Brooke G Malcom , LIGHTFOOT FRANKLIN & WHITE & Jeffrey P Doss , LIGHTFOOT FRANKLIN & WHITE LLC.
Derrick Mitchell, Personal Representative of the Estate of Tom James Mitchell, Counter Defendant, represented by Donald R James, Jr , BAXLEY DILLARD MCKNIGHT & JAMES, Elizabeth W McElroy , BAXLEY DILLARD MCKNIGHT & JAMES, Joel E Dillard , BAXLEY DILLARD MCKNIGHT JAMES & MCELROY & William J Baxley , BAXLEY DILLARD MCKNIGHT JAMES & MCELROY.
Christopher Mitchell, Personal Representative of the Estate of Tom James Mitchell, Counter Defendant, represented by Donald R James, Jr , BAXLEY DILLARD MCKNIGHT & JAMES, Elizabeth W McElroy , BAXLEY DILLARD MCKNIGHT & JAMES, Joel E Dillard , BAXLEY DILLARD MCKNIGHT JAMES & MCELROY & William J Baxley , BAXLEY DILLARD MCKNIGHT JAMES & MCELROY.
MEMORANDUM OPINION
JOHN E. OTT, Chief Magistrate Judge.
This case involves claims against defendant Modern Woodmen of America ("Modern Woodmen") for breach of two insurance certificates insuring the life of Stephanie Mitchell. Before the court is Modern Woodmen's motion for summary judgment seeking (1) a dismissal...
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