Joel Zumstein v. The Great-West Life Assurance Company

967 F.2d 597 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Joel ZUMSTEIN, Plaintiff-Appellee, v. The GREAT-WEST LIFE ASSURANCE COMPANY, Defendant-Appellant. No. 91-35348. United States Court of Appeals, Ninth Circuit. Submitted June 5, 1992. * Decided June 9, 1992. Before FARRIS, WILLIAM A. NORRIS and KOZINSKI, Circuit Judges. 1 MEMORANDUM ** 2 Great-West Life Assurance Company appeals from a summary judgment in favor of Zumstein and an award of prejudgment interest and attorney's fees. We affirm. 3 * Zumstein is an employee of the Joe Zumstein Logging Company. Great-West is the insurer that underwrites the company's employee health insurance plan, of which Zumstein and his daughter Janae Zumstein are beneficiaries. Janae Zumstein was born prematurely at Emanuel Hospital and Health Center in Portland, Oregon on August 14, 1988. She was discharged on November 28, 1988. During her stay, Janae Zumstein was confined in the Neonatal Special Care Unit ("NSCU"). It is…