The "Discretionary Clause" in ERISA Health Insurance Plans

Authors

Greg Munro, University of Montana School of LawFollow

Document Type

Article

Publication Date

2010

First Page

31

Issue

Spring

Source Publication Abbreviation

Tr. Trends

Abstract

This article reviews the issue of the power of state insurance commissioners to regulate the use of the discretionary clause under ERISA. The article questions the remarkable power imbalance between insureds and insurers noting the courts' deference to decisions made under discretionary clauses and the abuse of discretion standard.

Recommended Citation

Munro, Greg, "The "Discretionary Clause" in ERISA Health Insurance Plans" (2010). Faculty Journal Articles & Other Writings. 8.
https://scholarworks.umt.edu/faculty_barjournals/8