Cabrera

MEMORANDUM **

1. The district court did not clearly err in finding that the insured, Carlos Cabrera, intended to eliminate Appellants as beneficiaries of a $1 million life insurance policy and substitute Appellees. Under applicable Arizona law, where only the rights of the respective claimants to the policy proceeds are in dispute, the intent of the insured governs. Doss v. Kalas, 94 Ariz. 247, 251 , 383 P.2d 169 (1963). The evidence adduced at trial was consistent with the district court’s finding that Cabrera intended to change beneficiaries.

2. The district court did not abuse its discretion when it granted Appellees’ pretrial motion in limine to exclude evidence of forged loans made by Cabrera’s agent on other policies. See McEuin v. Crown Equip. Corp., 328 F.3d 1028, 1032 (9th Cir.2003) (reviewing evidentiary rulings for an abuse of discretion). In any event, the court ultimately allowed the introduction of evidence of the unauthorized loans at trial.

3. The district court did not abuse its discretion when it excluded evidence of allegedly unauthorized policy loan checks, given the lack of a clear relationship between the checks and unauthorized loans on Cabrera’s…