August Marie Parker v. ALBERTO ZAVALA; et al., Third-party-defendants-cross-

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
AUGUST MARIE PARKER,
Plaintiff-counter-defendant-
3rd-party-defendant - Appellee,
v.
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.
No. 10-17033
D.C. No. 2:09-cv-00428-SRB
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
FILED
NOV 23 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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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.
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.

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