[DOWNLOAD] "Torres V. Pittston Company" by In the United States Court of Appeals for the Eleventh Circuit # Book PDF Kindle ePub Free

eBook details
- Title: Torres V. Pittston Company
- Author : In the United States Court of Appeals for the Eleventh Circuit
- Release Date : January 30, 2003
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
The only issue that we will definitively resolve in this appeal is the appropriate standard for a district court's review where an ERISA fiduciary, which is operating under a conflict of interest, denies disability benefits based on its determination of the factual circumstances of the beneficiary's claim The district court applied the deferential arbitrary-and-capricious standard of review, apparently adopting the argument of the Insurers *fn2 that the "insurer conflict rule" and its "heightened arbitrary capricious" standard of review should apply only to a fiduciary's decisions regarding plan interpretation, not to its factual determinations, even though the fiduciary is under a conflict of interest. We disagree, and accordingly reverse and remand for reconsideration under the appropriate standard of review.
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