Tammy Hutson v. Protective Life Ins.

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 * Protective Life Insurance Company, * [UNPUBLISHED] * Appellee.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. ______________________________ -2-