United States Ninth Circuit
Life Ins. Co. of N. Am. v. Ortiz, 07-55308, 07-55331
In a case involving an interpleader action over the life insurance proceeds for an officer killed in the line of duty involving circumstances in which decedent's ex-wife was the designated beneficiary, a judgment awarding the life insurance proceeds to the estate for intestate division among his new wife and decedent's two sons is reversed and remanded where: 1) ex-wife's expectancy interest survived the divorce, and thus the district court erred when it relied on decedent's post-divorce intent to terminate her expectancy interests; and 2) decedent's original designation of his ex-wife remained valid under applicable law and the policy terms.
Appellate Information
- Argued 06/04/2008
- Decided 08/01/2008
- Published 08/01/2008
Judges
- Before: ALEX KOZINSKI, Chief Judge, RUGGERO J. ALDISERT, and D.W. NELSON, Circuit Judges.
Court
- United States Ninth Circuit
Counsel
- For Appellees:
- Robert A. Foster, II, Robert A. Foster II Law Offices, Irvine, CA, for the defendant-appellant., John V. Gaule, Oddenino & Gaule, Arcadia, CA, for the defendant-appellee.