Ensley

Donald Ensley appeals judgment in in-terpleader and summary judgment in favor of Minnesota Mutual Life Insurance Company, Kevin Burke, The Burke Group and Laura Ensley. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 , 1391. We affirm in part, vacate in part and remand for further proceedings.

I

In 1987, Minnesota Mutual Life Insurance Company (“Minnesota Mutual”), through its agent Kevin Burke, issued a policy insuring the life of appellant’s brother, James W. Ensley, now deceased. When the policy issued, James and his wife, Laura Ensley, resided in California. The premiums on the policy were paid by checks drawn on an account of Eastside Electrical Supply Company (“Eastside Electrical”), the family business of James and Laura.

Originally, James was the owner of the policy and Laura the beneficiary. A document was executed changing ownership of the policy to Laura’s name. According to Laura and Burke, James and Laura executed the document in 1987 for estate planning purposes, but did not submit it to Minnesota Mutual until 1993. Donald insists that Laura forged James’ name to this document. At her deposition, Laura admitted that she might have forged James’ signature to the…