Is a discretionary provision in a long-term disability plan enforceable?
MultiRegion, United States of America
The following excerpt is from Monroe v. Metro. Life Ins. Co., No. 2:15-cv-02079-TLN-CKD (E.D. Cal. 2017):
Cal. Ins. Code 10110.6(a), (b). The statute is "self-executing," meaning if any discretionary provision falls within the language of the statue, the courts will automatically treat that provision as void and unenforceable. Orzechowski v. Boeing Company Non-Union Long-Term Disability Plan, 856 F.3d 686, 693 (9th Cir. 2017).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a discretionary clause in a long-term disability plan enforceable? (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 directing an award of disability benefits where there is a long-term disability in the disability benefits system? (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)
What is the test for a disability claim under Title II of the Federal Disability Act? (MultiRegion, United States of America)
Does Belcher hold that the equal protection mandate was not violated by a provision of the Social Security Act which required deductions from disability benefits to offset workmen's compensation payments? (MultiRegion, United States of America)
When a defendant challenges a restitution order, what is the test for determining whether the restitution order is enforceable or enforceable? (MultiRegion, United States of America)
Is Arnone's period of disability defined by section 404.320(a) a "period of disability" excluded from the relevant calculation? (MultiRegion, United States of America)
What is the burden of proving a disability under the Ontario Disability Act? (MultiRegion, United States of America)
What is the difference between disability benefits and Social Security Disability benefits? (MultiRegion, United States of America)
