Insured’s silence not enough
The interesting issue presented in today’s case is the effectiveness of a policy amendment introducing a discretionary clause. Burkett v. Union Security Ins.Co., 2007 U.S.Dist.LEXIS 41858 (W.D.Wash. June 7). If the amendment was effective, the court would apply the arbitrary and capricious standard of review to a disability benefit dispute. If not, the de novo […]