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Text of Federal District Court Opinion: LTD Plan Did Not Need to Be Fully Executed to Confer Discretion (PDF)
U.S. District Court for the Eastern District of Tennessee Link to more items from this source
Mar. 28, 2016
"Magistrate Judge Corker found that the arbitrary and capricious standard of review should apply because the submitted plan gave the requisite discretionary authority to Defendant to determine benefit eligibility and because Reliance Standard, not another entity, made the final eligibility determination.... The magistrate judge correctly found that merely because the policy produced does not have one party's signature does not nullify the policy.... To find that the submitted plan is not in fact the plan that governs Plaintiff's claim would require the court ... to 'speculate that the 'actual' plan is lost.' The Court will not so speculate given the record before it." [Justice v. Reliance Standard Life Ins. Co., No. 2:15-cv-00134 (E.D. Tenn. Mar. 24, 2016)]

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