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Fourth Circuit Finds Language in Disability Policy Does Not Grant Insurance Company Discretion (PDF)
U.S. Court of Appeals for the Fourth Circuit 
[Opinion] Oct. 1, 2002 Excerpt: [W]e must determine whether the following language in the plan grants [Reliance Standard Life Insurance Company] discretion to determine Gallagher's eligibility for benefits: 'We will pay a Monthly Benefit if the Insured ... submits satisfactory proof of Total Disability to us.' ... We conclude that the language of the Plan does not grant Reliance discretionary authority.... Some of our sister circuits [have reached the opposite] conclusion. [RelianceNext Hit Standard Life Insurance Company, No. 01-2467 (4th Cir. Oct. 24, 2002)] MORE >> |
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