Ninth Circuit

Benefit Plan Discretionary Clauses Dealt A Blow In California

By: Joe Yonadi and Nancy Chawla

Last month, the Ninth Circuit dealt a blow to discretionary clauses contained within ERISA plans when it held that a California statutory provision that banned discretionary clauses was not preempted by ERISA. Orzechowski v. Boeing Co. Non-Union Long-Term Disability Plan (9th Cir. May 11, 2017).

Almost three decades ago, the U.S. Supreme Court created the rule that a de novo standard of review should apply to a denial of benefits claim […]

2017-07-21T12:38:11+00:00 July 21st, 2017|0 Comments