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Discretionary Clauses and Choice of Law in ERISA Cases
DeBofsky & Associates, PCLink to more items from this source
Nov. 20, 2015

"[E]ven if [Firestone Tire and Rubber Co. v. Bruch] discretion-granting language is present, that does not necessarily end the discussion, as illustrated by a recent ruling from a federal court in California.... [T]he court was presented with insurance policy documentation that clearly reserved discretionary authority to the insurer, Principal. Yet the court found the grant of discretion was negated and applied the de novo standard of judicial review[.] The court's rationale involved a choice of law determination." [Hirschkron v. Principal Life Ins. Co., No. 15-cv-00664 (N.D. Cal. Oct. 29, 2015)]

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