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A Court's Review of a Disability Benefit Claim May Hinge on the Meaning 'Satisfactory to Us'
Proskauer's ERISA Practice Center Link to more items from this source
Oct. 8, 2014
"Whether a court reviews a benefit claim denial (i) de novo, thus empowering the court to substitute its own judgment for that of the plan fiduciary, or (ii) under the highly deferential arbitrary and capricious standard of review, can sometimes be outcome determinative. This article sheds some light on the reasoning behind each view and suggests steps that plan drafters can take to better ensure that claim denials are subject to deferential review by the courts."

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