"The Second Circuit panel held that Aetna was granted discretionary authority ... for the following reasons: [1] The plan document need not actually use the word 'discretion,' so long as the benefit plan gives authority to determine eligibility for benefits.... [2] The plan ... [stated] that Aetna would decide claims in accordance with 'reasonable' claims procedures. Because Aetna was permitted to apply its subjective judgment, the court held Aetna was delegated discretionary authority over claims.... [3] Aetna created the procedures to implement its review of eligibility determinations, thereby indicating it held discretionary authority." [Tyll v. Stanley Black & Decker Life Ins. Program, No. 20-1060 (2d Cir. May 4, 2021, unpub.)]  MORE >>