Devon Orr v. Michelle Orr

MEMORANDUM

Devon Orr, the widow of John Orr, appeals from the district court’s grant of summary judgment to Michelle Orr, in her capacity as a representative of John’s minor son Z.O. Devon had brought a state law claim for half of the proceeds of John’s ERISA regulated life insurance policy. We affirm the district court.

At the time of John’s death, Z.O. was designated the sole beneficiary of his policy. Devon argues that Idaho community property law entitles her to one half of the policy proceeds, and she seeks to have a constructive trust imposed over her purported share. However, to the extent that Idaho law might have granted Devon a right to any part of the policy proceeds, that right is preempted by ERISA. 29 U.S.C. § 1144 (a).

“[A] state law constructive trust cannot be used to contravene the dictates of ERISA.” Carmona v. Carmona, 603 F.3d 1041, 1061 (9th Cir.2010); accord St. Julian v. St. Julian, 472 Fed.Appx. 698, 699 (9th Cir.2012) (unpublished) (“[T]his court has clearly held that the preemption provision of ERISA precludes the imposition of a constructive trust upon the proceeds.”). Devon’s asserted interest in the policy proceeds “directly conflicts with ERISA’s…