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Understanding Contra Proferentem in ERISA Case Litigation
DeBofsky Law 
Mar. 27, 2023 "[A recent case] illustrates what happens when plan terms are unclear and can have different meanings.... [T]he court began ... by pointing out that 'claims for benefits based on the terms of an ERISA plan are contractual in nature and are governed by federal common law contract principles.' Those principles incorporate the common law of contracts to determine the parties' intent.... [T]he court pronounced that if the contractual terms were ambiguous, an interpretation favoring the policyholder was required[.]" [Stein v. Paul Revere Life Ins. Co., No. 21-3546 (E.D. Penn. Mar. 16, 2023)] |
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