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Is It the End for Discretionary Clauses?
Stephen Rosenberg, The Wagner Law Group
[Opinion] Dec. 15, 2009 "I have been wondering about the question of whether state insurance commissioners can effectively gut the industry practice of including discretionary clauses in disability policies by refusing to approve forms for use that include them, or whether ERISA preemption precludes that action. [T]he Ninth Circuit concluded that they could do exactly that, without running afoul of preemption[.]" MORE >> |
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