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Sixth Circuit Highlights Importance of 'Firestone' Language
Spencer Fane 
May 24, 2018 "A reviewing court would still apply the contra proferentum doctrine when determining whether the plan contains Firestone language, but once the court has identified such language, the doctrine ceases to apply. The court would then defer to the plan administrator's interpretation of any other disputed plan provision -- so long as that interpretation is not arbitrary and capricious." [Clemons v. Norton Healthcare Inc. Ret. Plan, Nos. 16-5063 and 16-5124 (6th Cir. May 10, 2018)] |
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