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Unambiguous Terms Trump Grant Of Discretion In Dispute Over Exclusionary Clause
Health Plan Law
[Guidance Overview] May 13, 2008
Excerpt: This case attracts my attention for a several important reasons. First, it points up the potential for mischief in the give and take of trigger events and exclusions, an area that has generated considerable litigation. Second, it provides insight into interpretative canons that can neutralize the typical advantage of the plan fiduciary when a plan grants discretion to the administrator.
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