6    do not establish the absence or presence of a genuine dispute, or that an adverse party cannot  produce admissible evidence to support the fact.”Bruederle, 687 F.3d at 776 (internal  quotations and citations omitted);see also Mosholder, 679 F.3d at 448 (“To support its motion,  the moving party may show ‘that there is an absence of evidence to support the nonmoving  party’s case.’” (quotingCelotex, 477 U.S. at 325)). But “[c]redibility determinations, the  weighing of the evidence, and the drawing of legitimate inferences from the facts are jury  functions, not those of a judge[.]”Martinez, 703 F.3d at 914 (alteration in original) (quoting  Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255 (1986)). And so, “[t]he court need consider  only the cited materials, but it may consider other materials in the record.” Fed. R. Civ. P.  56(c)(3).  In the end, the “question is whether ‘the evidence presents a sufficient disagreement to  require submission to a jury or whether it is so one-sided that one party must prevail as a matter  of law.’”Johnson v. Memphis Light Gas & Water Div., 777 F.3d 838, 843 (6th Cir. 2015)  (quotingLiberty Lobby, 477 U.S. at 251–52). “[A] mere ‘scintilla’ of evidence in support of the  non-moving party’s position is insufficient to defeat summary judgment; rather, the non-moving  party must present evidence upon which a reasonable jury could find in her favor.”Tingle v.  Arbors at Hilliard, 692 F.3d 523, 529 (6th Cir. 2012) (quotingLiberty Lobby, 477 U.S. at 251).  And statements in affidavits that are “nothing more than rumors, conclusory allegations and  subjective beliefs” are insufficient evidence.Mitchell v. Toledo Hosp., 964 F.2d 577, 584–85  (6th Cir. 1992). Now the Court turns to analyze the claims under this standard.  ANALYSIS  Because the dispute here relates to a contract for insurance, the Court applies Tennessee  law. Federal courts with jurisdiction under 28 U.S.C. § 1332 “must apply the law of the forum  Case 2:20-cv-02482-TLP-cgc Document 99 Filed 10/19/21 Page 6 of 34 PageID 1259