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Some More Thoughts on the Primacy of the ERISA Plan Document
Stephen Rosenberg, The Wagner Law Group
July 23, 2008 Excerpt: Although the court was not delving too deeply into this particular issue, the court noted that 'in more recent cases, the First Circuit has held that courts should not look beyond the express terms of an ERISA-regulated plan unless the disputed term is ambiguous,' and that '[i]n ERISA cases ... the central issue must always be what the plan promised ... and whether the plan delivered.' MORE >> |
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