Thrivent Financial for Luthera v. Johanna Anderson

ORDER

I.

Pursuant to Rule 15(3) of the Montana Rules of Appellate Procedure, we respectfully request the Montana Supreme Court to exercise its discretion to adjudicate the following question of Montana law:

Does MontCode Ann. § 72-2-814 serve to revoke a life insurance policy owner’s designation of an ex-spouse as the beneficiary of the insurance policy where the divorce occurred prior to the enactment of Mont.Code Ann. § 72-2-814 and the policyholder died after the enactment of Mont. Code Ann. § 72-2-814 ?

II.

Pursuant to Mont. Rule App. Proc. 15(6)(a)(ii), we provide a brief summary of the facts relevant to the certified question. AppellanVDefendant/Cross-claimant Johanna Anderson (“Johanna”) appeals the district court’s judgment in favor of Appellee/Defendant/Cross-defendant Lucia Andronescu (“Lucia”) in a diversity inter-pleader action brought by insurer Thrivent Financial For Lutherans. Lucia is the former spouse of Brent Anderson (“Brent”). Following Brent’s death, Johanna and Lucia made competing claims for the proceeds of Brent’s life insurance policy, and Thrivent interpleaded the insurance proceeds. The district court awarded the insurance proceeds to Lucia, and…