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Sixth Circuit Rules That 'Clear Notice' Standard Should Apply When Determining Whether to Impose ERISA Penalty for Failing to Furnish a Document Upon Request
ERISA Lawyer Blog Link to more items from this source
May 1, 2014
"[The employee's] counsel ... broadly phrased the request as one for 'all documents comprising the administrative record and/or supporting Nationwide's decision.' The Court said that, although such language would not pass the clear-notice test for most of the documents identified in section 104(b)(4), one is hard-pressed to believe that the BAC should not have known that the accidental-death policy was the key document supporting its decision to deny Nicole's claim." [Cultrona v. Nationwide Life Ins. Co., Nos. 13-3558/3585 (6th Cir. Apr. 9, 2014)]

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