The following excerpt is from Faulkner v. Hartford Life & Accident Ins. Co., NO. CIV. S-11-0408 LKK/CKD (E.D. Cal. 2012):
discretion-granting plan even if the administrator has a conflict of interest"). However, the conflict must be taken into account somehow, and generally requires the court to apply a level of skepticism in conducting its "abuse of discretion" review. Salomaa v. Honda Long Term Disability Plan, 642 F.3d 666, 676 (9th Cir. 2011) (abuse of discretion standard applies, but "a higher degree of skepticism is appropriate where the administrator has a conflict of interest"); Nolan v. Heald College, 551 F.3d 1148, 1153 (9th Cir. 2009) (same).
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