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State Insurance Commissioner's 'Non-Binding' Opinion Banning Discretionary Language in a Disability Policy Has No Effect in Court, Says Sixth Circuit
Lane Powell PC 
Aug. 20, 2013 "The plan contained discretionary language, but Kentucky's Insurance Commissioner issued a non-binding opinion that 'discretionary clauses deceptively affect the risk purported to be assumed in any policy and as such, any forms containing discretionary clauses may be disapproved.' ... The court applied discretionary review, and not de novo review, because the court is '"not bound by language in a non-binding opinion" by Kentucky's [Insurance] Commissioner.'" [Frazier v. Life Insurance Company of North America, No. 12-6216 (6th Cir. August 5, 2013)] MORE >> |
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