Houchens v. American Home Assurance Co. case brief

Houchens v. American Home Assurance Co.,

• Plaintiff Alice Houchens is trying to collect upon two life insurance policies issued by Defendant American Home Insurance Co. on her husband, Coulter Houchens, who disappeared in 1980.
• Rule: Upon a motion for summary judgment by the Defendant, the Plaintiff has the burden of establishing facts showing the existence of an element essential to the Plaintiff's case in order to survive the motion.
• Summary judgment is mandated against a party who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial. See Celotex Corp. v Catrett