Monday, September 14th, 2009
9th Cir: New Approach When ERISA Administrator Has Conflict
The 9th Circuit, this morning, adopted a new weighing formula when the administrator has a conflict of interest - here, acting as both funder/evaluator and payor. The standard of review is still called “abuse of discretion,” but it calls for “enhanced skepticism.” The panel then reversed and remanded for reinstatement of benefits. It held:
This case presents the question […]