Quimbee logo
DMCA.com Protection Status
  • L
  • Life Insurance Co. of North America v. OrtizLife Insurance Co. of North America v. Ortiz
From our private database of 16,800+ case briefs...

Life Insurance Co. of North America v. Ortiz

United States Court of Appeals for the Ninth Circuit
535 F.3d 990 (2008)


Luis Gerardo Ortiz (Gerry) was a police officer. Gerry married Gloria Ortiz (defendant) and designated Gloria as the sole beneficiary on his life-insurance policy with Life Insurance Company of North America (plaintiff). Gerry and Gloria had two children (defendants). Gerry and Gloria got divorced. The marital settlement agreement included a notice stating that the divorce did not “automatically cancel the rights of a spouse as beneficiary on the other spouse’s life-insurance policy.” In fact, after the agreement was signed, Gerry’s attorney reminded him to change the beneficiary on the life-insurance policy. In May 2005, Gerry got remarried, to Graciela Ortiz (defendant). In June 2005, Gerry was killed in the line of duty. Gloria was still the named beneficiary on Gerry’s life-insurance policy. Life Insurance Co. deposited Gerry’s benefits, totaling over $500,000, with the court and filed an interpleader action to determine the rightful beneficiary. Graciela claimed that Gerry’s divorce with Gloria terminated Gloria’s interest in the life-insurance policy. The district court agreed, finding that Gerry did not intend that Gloria would continue to be the beneficiary. The court awarded the money from the life-insurance policy to Gerry’s estate, to pass via intestate succession to Graciela and Gerry’s two children. Gloria appealed.

Rule of Law


Holding and Reasoning (Per curiam)

Dissent (Kozinski, C.J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 449,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 449,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 16,800 briefs, keyed to 224 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial