For those interested in the development of the law surrounding the standard of review applied to benefits denial cases, don't miss Scott Hagen's article in the Utah Bar Journal (which you can access here [pdf] at pages 20-23) discussing the Tenth Circuit's opinion in Fought v. Unum Life Insurance Company, 379 F.3d 997 (10th Circ. 2004). In Fought, the Tenth Circuit clarified the standard of review to be applied in ERISA cases where the plan administrator has been provided with the Firestone discretion, but is operating under a conflict of interest.
By the way, the Utah State Bar has a blog.
Posted by B. Janell Grenier at October 24, 2005 08:09 PM | TrackBack