LIFE INS. CO. OF NORTH AMERICA v. ORTIZ

Nos. 07-55308, 07-55331.

535 F.3d 990 (2008)

LIFE INSURANCE COMPANY OF NORTH AMERICA, a Pennsylvania corporation, Plaintiff, v. Gloria Irene ORTIZ, an individual, Defendant-Appellant, Graciela Elena Ortiz, an individual, Defendant-Appellee. Life Insurance Company Of North America, a Pennsylvania corporation; Reliance Standard Life Insurance Company, Plaintiffs, v. Gloria Irene Ortiz, an individual, Defendant-Appellant, Graciela Elena Ortiz, an individual, Defendant-Appellee, and J.J.O., a minor; Javier A. Ortiz, Sr.; Graciela Castano Ortiz, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed August 1, 2008.


Attorney(s) appearing for the Case

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.

Per Curiam Opinion; Dissent by Judge KOZINSKI.


PER CURIAM:

This case involves an interpleader action over the life insurance proceeds for an officer killed in the line of duty. Although Luis Gerardo Ortiz's ex-wife, Gloria Ortiz, was designated as beneficiary, Graciela Ortiz argues that divorce extinguished Gloria Ortiz's expectancy interest. The district court awarded the life insurance proceeds to the estate for intestate division among Graciela Ortiz and the decedent's two sons. We reverse and remand.

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