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Ninth Circuit: Deemed Denial of Plaintiff's Claim for Benefits Yields De Novo Standard of Review (PDF)
U.S. Court of Appeals for the Ninth Circuit via FindLaw Link to more items from this source
[Opinion]
Dec. 2, 2003

31 pages. Excerpt: [W]here, according to plan and regulatory language, a claim is "deemed ... denied" on review after the expiration of a given time period, there is no opportunity for the exercise of discretion and the denial is usually to be reviewed de novo. While deference may be due to a plan administrator that is engaged in a good faith attempt to comply with its deadlines when they lapse, this is not such a case. [Jebian v. Hewlett-Packard Co. Employee Benefits Organization Income Protection Plan, No. 00-56988 (9th Cir. Nov. 25, 2003)]

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