MILLER v. AETNA LIFE AND CAS. INS. CO.

No. 1 CA-CV 88-405.

162 Ariz. 588 (1989)

785 P.2d 108

Craig H. MILLER and Patricia A. Miller, husband and wife, Plaintiffs-Appellants, v. AETNA LIFE AND CASUALTY INSURANCE COMPANY, a foreign corporation; Cox Enterprises, Inc., a foreign corporation; Sun Printing Company, an Arizona corporation; Yuma Daily Sun, Defendants-Appellees.

Court of Appeals of Arizona, Division 1, Department C.

December 28, 1989.


Attorney(s) appearing for the Case

Engler, Engler, Weil & Nelson by John N. Nelson, Yuma, for plaintiffs-appellants.

Mower, Koeller & Nebeker by Robert N. Clark, Yuma, for defendants-appellees.


FIDEL, Presiding Judge.

An employee sought medical benefits from a group employee benefit plan governed by the Employee Retirement Income Security Act (ERISA), 29 U.S.C. §§ 1001 to 1461 (1985). The employer/insurer rejected the claim and allegedly threatened to terminate the employee if she continued to pursue it. In response, the employee quit and sued the employer under state tort and contract law.

We hold that the trial court correctly granted...

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