Montana’s insurance commissioner has historically disapproved insurance policies that grant discretion to the insurer concerning actions on applications for benefits. The 9th Circuit has upheld that practice, rejecting an insurer’s claim that the practice is preempted by ERISA. Standard Ins. Co. v. Morrison, ___ F.3d ___ (9th Cir. Oct. 27, 2009)
Filed under ERISA, Preemption, Insurance
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