ERISA Standard of Review

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De Novo Review Is not a Rubber Stamp

The deferential standard of review given to insurance companies in ERISA cases was subject to a rigorous examination in Kramer v. Paul Revere Life Ins. Co., 2009 U.S.App.LEXIS 7387 (6th Cir. April 8, 2009)(unpublished). There, an obstetrician and gynecologist, Dr. Lois Kramer, had two disability insurance policies underwritten by the same insurer.

Ruling outlines scope of review in ERISA case

The recent ruling in McDowell v. Standard Ins.Co., 2008 U.S.Dist.LEXIS 99239 (N.D.Ga. Nov. 24, 2008), focuses on the proper scope of review in an ERISA case adjudicated under the de novo standard. The plaintiff in McDowell was an attorney who suffered back and closed head injuries when he was rear ended by another car traveling […]

An end to lenient regime of claim reviews

The 4th U.S. Circuit Court of Appeals recently issued an instructive, albeit unpublished ruling, in Gorski v. ITT Long Term Disability Plan, 2008 U.S.App.LEXIS 22904 (4th Cir. Nov. 3, 2008) (unpublished), which points to a new way of evaluating disability benefit denials under the abuse of discretion standard. The plaintiff, who had undergone back surgery […]