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Trust Law as Regulatory Law: Unum/Provident Scandal & Judicial Review of Benefit Denials under ERISA
Social Science Research Network [SSRN]
[Guidance Overview] Sept. 6, 2006
Excerpt from the Abstract: "When the participant in an ERISA-covered employee benefit plan seeks judicial review of the plan administrator's decision to deny a claimed benefit, should the standard of review be deferential, effectively presuming the correctness of the denial, or should the court examine the merits afresh, applying so-called de novo review?"
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