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Expert Analysis

ERISA Ruling Shows Daunting Review Standard For Claimants

By Mark DeBofsky ( September 9, 2020, 12:40 PM EDT) -- The most critical issue in Employee Retirement Income Security Act benefits litigation is the standard of judicial review applied by the courts. Under the deferential arbitrary and capricious standard of review, the court reviews a claim record compiled by the insurance company[1] to determine whether a claim denial was "downright unreasonable"[2] and not merely wrong....

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