August Parker v. Alberto Zavala , 459 F. App'x 651 ( 2011 )

FILED
NOT FOR PUBLICATION NOV 23 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
AUGUST MARIE PARKER, No. 10-17033
Plaintiff-counter-defendant- D.C. No. 2:09-cv-00428-SRB
3rd-party-defendant - Appellee,
v. MEMORANDUM *
ALBERTO ZAVALA; et al.,
Third-party-defendants-cross-
claimants - Appellants,
and
KIMBERLY ZAVALA,
Third-party-defendant-cross-
claimant,
PRUDENTIAL INSURANCE
COMPANY OF AMERICA,
Defendant-third-party-
plaintiff.
Appeal from the United States District Court
for the District of Arizona
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
Susan R. Bolton, District Judge, Presiding
Submitted November 16, 2011 **
San Francisco, California
Before: NOONAN and BEA, Circuit Judges, and WALTER, Senior District
Judge.***
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.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
***
The Honorable Donald E. Walter, Senior District Judge for the U.S.
District Court for Western Louisiana, sitting by designation.