Prudential Insurance Company v. Lori Perez v. Carlos Perez

Good Law
51 F.3d 197·95 Daily Journal DAR 3834·1995 WL 126636·1995 U.S. App. LEXIS 6110·95 Cal. Daily Op. Serv. 2217
United States Court of Appeals for the Ninth CircuitMarch 27, 199593-16816California784 words

Opinion

Opinion

Choy, J.

In this dispute over the proceeds of United States Air Force Airman Anthony Perez’s military life insurance policy, the district court granted summary judgment in favor of the deceased’s father, Carlos Perez. Airman Perez’s wife, Lori Perez, appeals, claiming that whether the form designating Carlos Perez as beneficiary was received by the United States Air Force is a disputed issue of material fact.

We review the district court’s grant of summary judgment de novo. Jesinger v. Nevada Fed. Credit Union, 24 F.3d 1127, 1130 (9th Cir.1994). Summary judgment was properly granted in favor of Carlos Perez. Viewing the evidence in the light most favorable to Lori Perez, we conclude that there are no genuine issues of material fact, and the district court correctly applied the relevant substantive law. Fed.R.Civ.P. 56(c); see also Jesinger, 24 F.3d at 1130 .

The following facts are undisputed. On May 18, 1992, three days after his marriage to Lori A. Perez, Airman Perez executed form SGLV 8286 designating Lori Perez as the beneficiary of his military life insurance policy. A mere two months later, on July 28,1992, while on temporary assignment at Tyndall Air Force Base in Florida, Airman…

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