Can a long term disability plan be approved even if the administrator has a conflict of interest?

MultiRegion, United States of America

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).

Other Questions


Does an administrator have a conflict of interest in their work? (MultiRegion, United States of America)
What is the difference between a conflict of interest and an actual conflict? (MultiRegion, United States of America)
Does the mere "possibility of conflict" constitute a conflict of interest in a criminal case? (MultiRegion, United States of America)
What is the test for directing an award of disability benefits where there is a long-term disability in the disability benefits system? (MultiRegion, United States of America)
Is there any evidence of a conflict of interest that is discoverable to support a claim that evidence outside the administrative record should be considered upon de novo review? (MultiRegion, United States of America)
If a claimant is disabled or not disabled at any stage of the disability review process, is that step terminated? (MultiRegion, United States of America)
How does a federal habeas court apply the AEDPA's "conflict of interest" test when confronted by conflicting inferences in the record? (MultiRegion, United States of America)
What is the test for determining whether a claimant is a "disabled" or "not disabled" in a disability claim? (MultiRegion, United States of America)
What is the test for establishing that a conflict of interest adversely affected counsel's performance at trial? (MultiRegion, United States of America)
What is the test for a property interest in a disability benefit? ("New York", United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.