National Ins. Services v. Health Practice Management, Inc.

28 F.3d 107 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. NATIONAL INSURANCE SERVICES, a Florida corporation, Plaintiff-Counterdefendant-Appellee, v. HEALTH PRACTICE MANAGEMENT, INC., a California corporation; A. Leon Herrick, an individual, Defendants-Counterclaimants-Appellants, v. PAN-AMERICAN LIFE INSURANCE CO., Counterdefendant-Appellee. No. 93-55097. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 7, 1994. Decided May 23, 1994. Before: HALL, LEAVY, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM * I. Son/Grandson 2 This appeal stands or falls largely on the answer to a single question: Is a "grandson" a "son" for purposes of the Ben-E-Med insurance policy? We conclude that the two terms are not synonymous. 3 A recent Ninth Circuit decision is closely analogous. In Evans v. Safeco Life Ins. Co., 916 F.2d 1437 (9th Cir.1990), we rejected an attempt to read "children" as including "stepchildren" by expressly declaring that "[t]he meaning of the…