Cabrera

MEMORANDUM **

Maria Cabrera, the widow of Carlos Cabrera, and her children appeal the district court’s grant of summary judgment in favor of Francisco Cabrera, his mother, his father and his sister, in an action to determine the proper beneficiaries of a life insurance policy issued by Jackson National Life Insurance Company. Maria Cabrera and her children also challenge the district court’s dismissal of Jackson National from the interpleader action and dismissal of Maria Cabrera’s counter-claim against Jackson National. We conclude that Jackson National was properly dismissed from the original action and from the counterclaim, because it has fully discharged its obligations with regard to the proceeds of the life insurance policy and it owed no other duty to Maria Cabrera and her children. With respect to the summary judgment in favor of Francisco Cabrera and his family, however, we find that there is a genuine issue of Carlos Cabrera’s intent. Accordingly, we reverse and remand for trial.

In interpleader actions, the district court applies the substantive law of the forum state, in this case Arizona. See Equitable Life Assurance Soc’y v. McKay, 837 F.2d 904 , 905 (9th…