August Parker v. Alberto Zavala

459 F. App'x 651

• Court: Court of Appeals for the Ninth Circuit
• Decided: November 23, 2011
• Docket: 10-17033
• Status: Unpublished

Opinion

MEMORANDUM ***

•This is an appeal from a motion for summary judgment; the facts are not repeated as the parties are familiar with them. We are constrained to interpret 38 U.S.C. § 1970(a) of the Servicemembers’ Group Life Insurance Act to require strict compliance with its provisions regarding the designation of beneficiaries. Prudential Ins. Co. v. Perez, 51 F.3d 197, 198-99 (9th Cir.1995). At the time of the insured’s death, the Army had only August Marie Parker listed as a designated beneficiary on file in its records. Appellants proffered no evidence to establish a triable issue of fact as to another properly designated beneficiary, or that the designation of Parker was for some reason invalid. Marks v. United States, 578 F.2d 261, 263 (9th Cir.1978).

AFFIRMED.

*** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.