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Prudential Policy Language Insufficient to Trigger Abuse-of-Discretion Review
The Wood Law Firm, PLLC
[Guidance Overview] June 23, 2008
Excerpt: Language commonly used by Prudential in its disability policies is no stranger to dispute. The language says that a claimant is entitled to benefits 'when Prudential determines' that he or she is eligible. Prudential asserts that this language meets the Firestone test for vesting discretionary authority.
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