Thrivent Financial for Lutherans v. LUCIA E. ANDRONESCU, FKA Lucia E. Anderson

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NOT FOR PUBLICATION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
THRIVENT FINANCIAL FOR
LUTHERANS,
Plaintiff - Appellee,
v.
LUCIA E. ANDRONESCU, FKA Lucia E.
Anderson,
Defendant-cross-defendant -
Appellee,
v.
JOHANNA M. ANDERSON,
Defendant-cross-claimant -
Appellant.
No. 11-35437
D.C. No. 1:10-cv-00156-RFC
MEMORANDUM*
Appeal from the United States District Court
for the District of Montana
Richard F. Cebull, Chief District Judge, Presiding
FILED
FEB 04 2013
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 Janet C. Hall, District Judge for the U.S. District Court***
for the District of Connecticut, sitting by designation.
Submitted June 5, 2012**
Seattle, Washington
Before: SILVERMAN and MURGUIA, Circuit Judges, and HALL, District
Judge.***
In a dispute over who is the proper beneficiary of Brent Anderson’s life
insurance policy, the district court granted judgment on the pleadings in favor of
Lucia Andronescu—Anderson’s ex-wife—because it found that Mont. Code Ann.
§ 72-2-814, which revokes, upon divorce, the designation of a spouse as a
beneficiary of a life insurance policy, did not apply retroactively.
We certified the question to the Montana Supreme Court and now reverse
because the Montana Supreme Court has ruled that Mont. Code. Ann. § 72-2-814
operates at the time of the insured’s death and revoked Andronescu’s status as a
beneficiary of Anderson’s policy. Thrivent Fin. for Lutherans v. Andronescu, 2013
MT 12, ___ P. 3d. ___, No. OP 12–0408, 2013 WL 227954 (Jan. 22, 2013).
REVERSED.

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