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Plaintiff Friendly De Novo Determination: 9th Cir.

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  • Plaintiff Friendly De Novo Determination: 9th Cir.

    Attached is a short, Plaintiff friendly opinion from the Ninth Circuit. Of particular note is the court's reasoning for using the de novo standard:

    de novo review (rather than abuse of discretion review) applies when an administrator
    fails to actually exercise its discretion in the denial of benefits or when an
    administrator commits “wholesale and flagrant violations of the procedural
    requirements of ERISA, and . . . acts in utter disregard of the underlying purpose of
    the [benefit] plan[.]
    Attached Files
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