Cantera v. American Heritage Life Ins. Co.

The trial court erred in granting summary judgment to the defendant in an interpleader action regarding the amount due under three life insurance policies issued on his wife because there is a genuine issue of fact as to whether he killed her.

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In this interpleader action filed by American Heritage Life Insurance Company “American Heritage”, the trial court granted summary judgment to the husband of Maurina Marquez, Jose Guerrero, who was the named beneficiary of life insurance policies on Marquez’s life issued by American Heritage. Marquez died on January 17, 2000, as the result of a homicide. Marquez and Guerrero’s children appeal from this decision, contending that their father is not entitled to recover the life insurance proceeds because there is a genuine issue of fact as to whether he killed their mother. Because we find that Guerrero failed to demonstrate that he was entitled to recover the insurance proceeds as a matter of law, and there remains a genuine issue of material fact as to whether he killed his wife, we reverse. In reviewing the grant or denial of a motion for summary judgment, we conduct a de novo review of the evidence.1 To prevail on summary judgment, the moving party must show that there is no genuine issue of material fact and that the evidence, viewed in a light most favorable to the nonmoving party, warrants judgment as a matter of law.2

Viewed in this light, the record shows that American Heritage filed an interpleader action against Guerrero and his children and tendered into the registry of the court $103,040.26 due under three life insurance polices issued on the life of Marquez. American Heritage alleged, and Guerrero admitted, that Marquez died as a result of a homicide. American Heritage further alleged that Guerrero was suspected of killing Marquez, was wanted for her murder, and had made false and misleading statements to American Heritage.

Cantera v. American Heritage Life Ins. Co.

The trial court erred in granting summary judgment to the defendant in an interpleader action regarding the amount due under three life insurance policies issued on his wife because there is a genuine issue of fact as to whether he killed her.

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