Equitable Life Assurance Society v. McKay

Pursuant to ORS 28.200 to 28.230, this court accepted certification of the following question from the United States Court of Appeals for the Ninth Circuit: “Under Oregon law, is the Washington Deadman’s Statute, Wash Rev Code § 5.60.030, substantive or procedural?” With the explanation that follows, we answer that this court would regard the Washington statute as “procedural.”

This case originated as an interpleader action in the United States District Court for the District of Oregon. Equitable Life Assurance Society filed the action to settle conflicting claims to the proceeds of two life…