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Seventh Circuit Holds Plan Language Controls Over Administrative Practice
Health Plan Law
[Guidance Overview] Oct. 23, 2008
Excerpt: [T]he Seventh Circuit in Orth explored two defenses offered by plan fiduciaries as justification where the plan language failed to comport with the plan administrator's administrative practices. The opinion, authored by Judge Posner, reaches the conclusion that neither theory advanced by the defendants had merit.
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