UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_______________________
No. 97-30507
Summary Calendar
_______________________
JEAN A. MEADE,
Plaintiff-Appellant,
versus
USAA LIFE INSURANCE COMPANY,
Defendant-Appellee.
_________________________________________________________________
Appeal from the United States District Court
for the Eastern District of Louisiana
(96-CV-1815)
_________________________________________________________________
January 22, 1998
Before JONES, SMITH, and STEWART, Circuit Judges.
PER CURIAM:*
Plaintiff, Jean A.M. Meade, appeals the district court’s
summary judgment denying her claim for benefits from a life
insurance policy issued by USAA Life Insurance Company and covering
the life of her deceased ex-husband. The company denied coverage
because Meade’s former husband ceased paying premiums and allowed
*
Pursuant to 5TH CIR. R. 47.5, the Court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
the policy to lapse more than one year before he died; USAA
asserted that it had no contractual or legal duty to notify Meade
of the lapse. Meade argues that there are genuine issues of
material fact which would preclude the grant of summary judgment.
We have carefully reviewed the briefs and the record, and
we find no reversible error. Accordingly, we affirm for
essentially the reasons relied upon by the district court. See
Meade v. USAA Life Ins. Co., No. 96-CV-1815 (E.D. La. Feb. 6,
1997). In particular, Meade is not entitled to coverage because
Louisiana law affords no support for her argument that the one-year
policy extension provided by LSA-R.S. 22:177 either did not apply
to her or lasted beyond May 14, 1995, one year after her ex-
husband’s death.1
1
USAA’s brief on appeal was of limited help insofar as it
implied there was “no evidence” on some issues when, in fact, there
was disputed evidence but the issues were not material to the
parties’ dispute. Fortunately, the district court exhibited no
such confusion. USAA should more carefully follow the standards
for appellate review of summary judgments.
2