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Tenth Circuit Upholds Choice-of-Law Provisions in ERISA Health Benefits Plan
Troutman Sanders 
May 19, 2020 "[T]he panel held that if there were a legitimate connection to the state whose law was chosen by a plan, then that state's law should govern the enforceability of any discretion-granting clauses.... [T]his holding clarified whether [the health benefit] policy was governed by Pennsylvania law -- as it declared in a choice-of-law provision -- or subject to a Colorado statute that forbids insurance policies from giving insurers, plan administrators or claim administrators discretion to interpret the plan's terms to make benefits decisions." [Ellis v. Liberty Life Assurance Co. of Boston, No. 19-1074 (10th Cir. May 13, 2020)] MORE >> |
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