Businessmen's Assurance v. Dalton

MEMORANDUM ***

Appellant Norma Jean Dalton appeals the district court’s judgment in favor of Linda Townsend and its award of attorney’s fees. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Appellant claims that under Arizona law, Businessmen’s Assurance (“BMA”) waived compliance with its change of beneficiary procedures by filing this interpleader action, and that the court therefore must look to the intent of the insured to determine the beneficiary of Bobby Townsend’s life insurance policy. However, the Arizona Supreme Court has held that an insurer does not waive…