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ERISA Exhaustion Requirement Not Satisfied by Verbal Appeal When Plan Required Written Appeal
Hinshaw & Culbertson LLP Link to more items from this source
Oct. 6, 2021

"the court stated that none of the documents Plaintiffs produced in discovery constituted appeals; they were mostly claims submissions made before the initial denials, as well as miscellaneous faxes, post-it notes and other documents that included no requests for appeal. Regarding the purported phone calls, the court held that the parties were bound by the unambiguous language in the subject plans requiring written appeals." [Ligotti v. United Healthcare Services, No. 16-60558 (S.D. Fla., Jun. 8, 2021)]

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