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California Community Property Keyed to Carrillo, 11th Ed.
Life Insurance Co. of North America v. Ortiz
Citation:
535 F.3d 990 (2008)Facts
On August 2, 1998, Luis Gerardo Ortiz (“Jerry”) designated his wife Gloria Ortiz as beneficiary of his life insurance policies with Life Insurance Company of North America and Reliance Standard. Jerry and Gloria separated in March 2002, and their divorce was finalized on December 15, 2004, through a Judgment on Reserved Issues. This judgment awarded Jerry all rights to his retirement, pension, 457(b) plans, 401(k) plans, and other deferred benefits, but included a pre-printed notice stating it does not automatically cancel spousal beneficiary rights on life insurance policies. In February 2005, Jerry’s divorce attorney advised him to change his beneficiary designations and urged him to do so immediately. Jerry acknowledged this advice and assured his attorney he would address the matter, but he never submitted written notification to the insurance companies. Jerry married Graciela Ortiz on May 28, 2005, and died in the line of duty on June 24, 2005, from a gunshot wound. The term life insurance payment funding his coverage at death was withdrawn from his May paycheck. The insurance companies deposited $518,483.13 in life insurance and accidental death benefits with the court and filed an interpleader action.
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