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Standard of Review If Conflicting Plans Presented to the Court
Blogging Employee Benefits 
Mar. 22, 2006
Excerpt: Relying on the disability plan document filed in an affidavit containing a 'complete and accurate copy of the claim file' instead of a different, unauthenticated plan document submitted in an attachment to the insurer's legal brief, a divided 8th Circuit has ruled that termination of disability benefits should have been reviewed under a de novo standard. [Barham v. Reliance Standard Life Insurance Company, No. 05-2485]
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