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First Circuit Weighs Standard of Review In Suits for Executive Compensation Benefits
Bloomberg BNA Apr. 26, 2015
"In addition to weighing in on the standard of review circuit split, the First Circuit also clarified its 2013 ruling in Hannington v. Sun Life and Health Ins. Co.... which held that deferential judicial review applied to a disability insurer's interpretation of plan terms, while de novo judicial review applied to the administrator's interpretation of materials outside of the plan ... In the instant case, the court clarified that Hannington's de novo standard applied only to documents that created or altered legal obligations, and not to background information like e-mail correspondence between parties." [Niebauer v. Crane & Co., No. 14-2059 (1st Cir. Apr. 21, 2015]
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