ERISA Standard of Review

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Conflicted Over Conflicts of Interest

Editor’s note: This is the first of two parts. The second will run on Tuesday. Rud v. Liberty Life Assur.Co.,438 F.3d 772 (7th Cir. 2006). After injuring his back in a fall, the plaintiff filed a disability claim under his employer-sponsored group disability insurance plan. Although benefits were paid under an initial 24 month ”own […]

Judgment an incentive for careful claims review

The choice of a standard of review can make a big difference in the ultimate disposition of a case, as a recent federal court decision illustrates. In a fascinating opinion in Minix v. Liberty Life Assurance Company of Boston, 2005 U.S. Dist. LEXIS 15309 (N.D. Ind., July 22), plaintiff Guy Minix was awarded judgment upon […]

Standard of review in ERISA cases too deferential

A former football player for the Minnesota Vikings, Brent Boyd, sought disability benefits under a plan maintained by the National Football League. His claim was denied by the plan based on a finding that Boyd’s disability did not result from football-related injuries, and the district court upheld that determination. On appellate review, the 9th U.S. […]