United States District Court, D. New Mexico
MEMORANDUM OPINION AND ORDER
C. HERRERA UNITED STATES DISTRICT JUDGE
matter is before the Court on Defendant Cynthia Montoya's
Motion for Summary Judgment, [ECF No. 48, filed August 6,
2018], and Defendant Bianca Trujillo's Response to
Cynthia Montoya's Motion for Summary Judgment and
Countermotion for Summary Judgment, [ECF No. 50, filed August
case arises from a life insurance policy (“the
Policy”) issued by Primerica Life Insurance Company on
the life of Decedent Joseph Trujillo. The Policy designated
Cynthia, Joseph's ex-wife, as the primary beneficiary and
Bianca, his niece, as the contingent
beneficiary.After filing a complaint invoking
interpleader and depositing with the Court the roughly $85,
000 Policy proceeds, the Court dismissed Primerica as a party
from the case. Cynthia and Bianca are the only remaining
parties, and the dispute between them centers on who is
entitled to the Policy's proceeds.
parties presented the following undisputed material facts
June 17, 1998, Primerica issued policy no. 0431737375 to
Policy is a term life insurance policy.
Joseph designated Cynthia, who later became his wife, as the
primary beneficiary and Bianca, his niece, as the contingent
or about July 26, 2016, Joseph and Cynthia divorced.
Final Decree of Dissolution of Marriage between Joseph and
Cynthia does not specifically identify or address the Policy.
Joseph died on March 2, 2017.
the time of Joseph's death, the Policy provided $80, 000
in life insurance coverage.
During the marriage, the premiums were paid for by community
funds. The parties dispute the following facts:
Following the divorce, Cynthia paid the premiums for the
Policy from her individual checking account.
Joseph did not intend to revoke the beneficiary status of