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