Minnesota Mutual Life Insurance v. Ensley

174 F.3d 977, 99 Daily Journal DAR 3292, 99 Cal. Daily Op. Serv. 2511, 1999 U.S. App. LEXIS 6101
CourtCourt of Appeals for the Ninth Circuit
DecidedApril 6, 1999
DocketNo. 97-55560
StatusPublished
Cited by2 cases

This text of 174 F.3d 977 (Minnesota Mutual Life Insurance v. Ensley) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Minnesota Mutual Life Insurance v. Ensley, 174 F.3d 977, 99 Daily Journal DAR 3292, 99 Cal. Daily Op. Serv. 2511, 1999 U.S. App. LEXIS 6101 (9th Cir. 1999).

Opinion

BEEZER, Circuit Judge:

Donald Ensley appeals judgment in in-terpleader and summary judgment in favor of Minnesota Mutual Life Insurance Company, Kevin Burke, The Burke Group and Laura Ensley. We have jurisdiction pursuant to 28 U.S.C. §§ 1291, 1391. We affirm in part, vacate in part and remand for further proceedings.

I

In 1987, Minnesota Mutual Life Insurance Company (“Minnesota Mutual”), through its agent Kevin Burke, issued a policy insuring the life of appellant’s brother, James W. Ensley, now deceased. When the policy issued, James and his wife, Laura Ensley, resided in California. The premiums on the policy were paid by checks drawn on an account of Eastside Electrical Supply Company (“Eastside Electrical”), the family business of James and Laura.

Originally, James was the owner of the policy and Laura the beneficiary. A document was executed changing ownership of the policy to Laura’s name. According to Laura and Burke, James and Laura executed the document in 1987 for estate planning purposes, but did not submit it to Minnesota Mutual until 1993. Donald insists that Laura forged James’ name to this document. At her deposition, Laura admitted that she might have forged James’ signature to the document.

In 1993, James was sentenced to prison. Eastside Electrical ceased operations and the family residence was subject to foreclosure. Laura moved to Arizona. She became unable to pay the life insurance premiums, and she borrowed money against the policy to allow the policy to remain in effect. In May of 1994, Laura petitioned the Arizona court for a dissolution of marriage. The Arizona court issued a preliminary injunction enjoining either party from “[transferring, encumbering, concealing, selling or otherwise disposing of any of the joint, common or community property” belonging to the parties.

In 1995, Laura again became unable to pay the premiums. She and Burke agreed that he would pay the premiums in exchange for a 50% ownership interest in the policy. A few months later, Burke assigned the policy back to Laura.

After his release from prison, James began investigating the status of the policy. Laura informed James that the policy [980]*980had lapsed. His independent inquiry revealed that the policy remained in existence. As a result of this investigation, Minnesota Mutual changed the ownership of the policy back to James. He then designated his brother, Donald, as the sole beneficiary of the insurance policy.

James died of cancer on January 11, 1996. Although James and Laura submitted a Stipulated Decree of Dissolution to the Arizona Court prior to James’ death, the Arizona court did not enter the Decree of Final Dissolution until January 16, 1996. James and Laura were therefore legally married on James’ date of death. Neither the Stipulated Decree nor the Decree of Final Dissolution expressly disposed of the life insurance policy.

Donald submitted a Beneficiary Claim Form to Minnesota Mutual on January 22, 1996. On February 28, 1996, Minnesota Mutual filed a complaint in interpleader naming Laura and -Donald as defendants. Minnesota Mutual deposited $279,927.82 into the registry of the court as the full policy proceeds. Laura subsequently answered the complaint and submitted her own claim for the proceeds of the insurance policy.

Donald answered the complaint and filed a counter-claim against Minnesota Mutual, including claims for breach of contract, breach of the implied covenant of good faith and fair dealing, negligence and fraud. Donald also brought third party claims against Laura, Kevin Burke and the Burke Group.

Kevin Burke and the Burke Group (collectively, “the Burke defendants”) moved for summary judgment on November 18, 1996. The next day, Minnesota Mutual moved for summary judgment on Donald’s counter-claims and for judgment in inter-pleader. Laura joined Minnesota Mutual’s motion for summary judgment.

On January 27, 1997, the court granted the motion for judgment in interpleader and granted Minnesota Mutual’s, Laura’s and the Burke defendants’ motions for summary judgment on Donald’s counterclaim/third party complaint. The court directed Laura to move for summary judgment on the issue of her entitlement to the insurance proceeds. On April 9, 1997, the court granted Laura’s motion for summary judgment and awarded her 100% of the insurance proceeds. This timely appeal followed.

II

The court did not err in granting Minnesota Mutual’s motion for judgment in in-terpleader. The federal interpleader statute provides in relevant part:

The district courts shall have original jurisdiction of any civil action of inter-pleader or in the nature of interpleader filed by any person, firm or corporation ... having issued a ... policy of insurance or other instrument of value or amount of $500 or more ... if (1) Two or more adverse claimants of diverse citizenship ... are claiming or may claim to be entitled to ... any one or more of the benefits arising by virtue of any ... policy ...; and if (2) the plaintiff has deposited ... the amount due under such obligation into the registry of the court ...

28 U.S.C. § 1335(a).

Donald contends that the inter-pleader statute was not satisfied because he was the only person to file a claim to the proceeds of the insurance policy. This argument is without merit. Section 1335 allows a stakeholder to file an interpleader action to protect itself against the problems posed by multiple claimants to a single fund. See 28 U.S.C. § 1335; State Farm Fire & Cas. Co. v. Tashire, 386 U.S. 523, 530, 87 S.Ct. 1199, 18 L.Ed.2d 270 (1967). The statute authorizes district courts,, to hear cases of two or more claimants of diverse citizenship who “are claiming or may claim to be entitled” to the money or property. 28 U.S.C. § 1335(a) (emphasis added). The court’s jurisdiction under the interpleader statute extends to potential, as well as actual, claims. See id.; see also Dakota Livestock Co. v. Keim, 552 F.2d 1302, 1308 (8th Cir.1977).

[981]*981Minnesota Mutual satisfied the requirements of the interpleader statute. It faced potential liability to Donald, a California citizen, and Laura, a citizen of Arizona. Upon depositing the amount of the insurance proceeds with the court, Minnesota Mutual was properly discharged from the dispute.

Ill

We review de novo the district court’s entry of summary judgment in favor of Minnesota Mutual and the Burke defendants. See Margolis v. Ryan, 140 F.3d 850, 852 (9th Cir.1998). We determine, viewing the evidence in a light most favorable to the nonmoving party, whether there are any genuine issues of material fact and whether the district court correctly applied the relevant substantive law. See id.

A

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174 F.3d 977, 99 Daily Journal DAR 3292, 99 Cal. Daily Op. Serv. 2511, 1999 U.S. App. LEXIS 6101, Counsel Stack Legal Research, https://law.counselstack.com/opinion/minnesota-mutual-life-insurance-v-ensley-ca9-1999.