John Chitkin v. Lincoln National Life Insurance Company

15 F.3d 1083 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. John CHITKIN; Nancy Chitkin, individually and as guardians ad litem for Danielle Chitkin, Plaintiffs-Appellees, v. LINCOLN NATIONAL LIFE INSURANCE COMPANY, and Does 1-100, inclusive, Defendant-Appellant. No. 92-55406. United States Court of Appeals, Ninth Circuit. Argued Aug. 4, 1993. Submission Deferred Aug. 6, 1993. Submitted Nov. 3, 1993. Decided Nov. 24, 1993. As Amended March 9, 1994. Before: NORRIS, WIGGINS, and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM * 2 This case concerns the interpretation of a provision of an ERISA plan. The district court granted summary judgment in favor of the Chitkins on Lincoln National's counterclaim for reimbursement of money paid to cover their medical expenses. Lincoln National appeals the district court's judgment, and we reverse. 3 Lincoln National issued a group insurance policy to an ERISA employee benefit plan. Danielle Chitkin, the daughter of plan member John Chitkin,…