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What a Difference Discretion Makes
Kantor & KantorLink to more items from this source
Aug. 19, 2021

"The appellate court explained that the California statute could be read to apply if a policy covered even one California resident, even if the claimant was not a California resident himself. However, the Court concluded that such an interpretation would violate the Commerce Clause and thus be unconstitutional. [That] interpretation would also be a logistical nightmare since the standard of review in any one case would depend on the residence of all the other plan participants.' [Mayer v. Ringler Assocs. Inc., No. 20-1281 (2d Cir. Aug. 12, 2021)]

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