Focus (Forum & Focus)
Jul. 8, 2008
Benefits of the Doubted
A recent Supreme Court decision rejects the notion that all benefit litigation involving insured plans should be reviewed de novo, regardless of the presence of plan language that gives discretionary authority in administering claims, writes Pamela E. Cogan - Focus Column
By Pamela E. Cogan
This article appears on Page 5
While heralded by some as a win for injured workers, the Supreme Court's decision in Metropolitan Life Insurance Company v. Glenn, 2008 U.S. LEXIS 5030, appears to be more of a draw. The issues in this new Supreme Court case directly impact the standard of judicial review, which to some might seem of limited significance, but to practitioners in ERISA ben...
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