Subscribe (Free) to
Daily or Weekly Newsletters
Post a Job

Featured Jobs

Retirement Plan Analyst/Administrator

Compensation Strategies Group, Ltd.
(Remote / Beaumont TX)

Compensation Strategies Group, Ltd. logo

Retirement Plan Administrator

Nicholas Pension Consultants
(Remote / Corona CA / Rancho Cordova CA)

Nicholas Pension Consultants logo

Education Consultant

Pentegra
(Remote / Putnam Valley NY)

Pentegra logo

Quality Assurance Manager

Nova 401(k) Associates
(Remote)

Nova 401(k) Associates logo

View More Employee Benefits Jobs

Free Newsletters

“BenefitsLink continues to be the most valuable resource we have at the firm.”

-- An attorney subscriber

Mobile App image LinkedIn icon
Twitter icon
Facebook icon

<< Previous news item   |   Next news item >>



Eighth Circuit: Choice-of-Law Provision Trumps Insurance Regulation Banning Discretionary Review
Lane Powell PCLink to more items from this source
Jan. 8, 2015
"[The employee] works in South Dakota ... [while the employer] is based in Minnesota and the long term disability policy was issued in Minnesota. The policy contained language requiring discretionary review, and the plan contained a choice-of-law provision requiring application of Minnesota law. South Dakota has banned discretionary review. Minnesota has no such regulation.... What standard of review applies: South Dakota law and de novo review, or Minnesota law and abuse of discretion review? [The Eighth Circuit] Court of Appeals held: Minnesota law and the abuse of discretion standard applies." [Brake v. Hutchinson Technology Inc. Group Disability Income Ins. Plan, No. 13-3421 (8th Cir. Dec. 29, 2014)]

Please click here to report this link if it is broken (for example, if you see a "404 File Not Found" error message after you click on the link above).
An important word about authorship: BenefitsLink® is providing a hypertext link to the item shown above, but is not the author of the item (unless otherwise specified).
© 2022 BenefitsLink.com, Inc.