Michael R. Thomke v. Connecticut General Life Insurance Company

17 F.3d 396 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Michael R. THOMKE, Plaintiff-Appellant, v. CONNECTICUT GENERAL LIFE INSURANCE COMPANY, et al., Defendants-Appellees. No. 92-55898. United States Court of Appeals, Ninth Circuit. Submitted Feb. 3, 1994. * Decided Feb. 9, 1994. Before: SNEED, THOMPSON and RYMER, Circuit Judges. 1 MEMORANDUM ** OVERVIEW 2 Appellant Michael R. Thomke ("Thomke") is a qualified dependent under the McDonnell-Douglas Corporation ERISA Plan, insured by appellees Connecticut General Life Insurance Company, Life Insurance Company of North America, Cigna Health Plan Companies, and Cigna Employee Benefits Companies ("Connecticut General"). Thomke lost his right arm as a result of a car accident. Connecticut General initially denied coverage, but after a letter by Thomke's counsel, offered to pay $12,500. After further negotiations with Thomke's counsel, Connecticut General paid Thomke the full policy limit of $50,000, but refused to pay…