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Tag Archives: Standard of Review

jvtucker2016

Lower Court Uses Wrong ERISA Standard – Appeals Court Reverses and Orders De Novo Review

Think of ERISA Standards of Review like colored lenses – which color the Judge has to use changes how the court must view the facts. When someone is denied benefits under an employer’s group insurance plan, a court that reviews that decision has to decide which standard of review it has to apply to the […]

California ERISA Claim: Another ERISA Administrator Loses on Discretion

Why is discretionary language important? Disability insurance companies that administer employer group disability ERISA plans will not give up fighting about discretionary language in California.  Why?  If they can keep the concept of discretion in ERISA claims, it makes it much easier for them to get away with denying benefits or cutting off disability claims.  […]

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