"[In] 2019, the [district] court issued a 106-page decision, finding that UBH had violated ERISA by applying 'unreasonable' standards allegedly not consistent with generally accepted standards of care [GASC] ... The Ninth Circuit, however, decided that UBH had properly exercised its discretion ... and that the underlying health plans did not require consistency with the GASC, only that they not be inconsistent.... Many courts have relied upon Wit's reasoning to deny United any deference in benefit decisions, allow broad discovery, and even award benefits. The Ninth Circuit's decision will likely bring an end to that." [Wit, et al. v. United Behavioral Health, Nos. 20-17363, 21-15193, 20-17364, 21-15194 (9th Cir. Mar. 22, 2022; unpub.)]  MORE >>