Is a review of denial of ERISA benefits a de novo review?
MultiRegion, United States of America
The following excerpt is from Salomaa v. Disability, DC. No. 2:06-cv-00754-AG-FMO, No. 08-55426 (9th Cir. 2011):
We held in Kearney v. Standard Insurance Co.7 that by default, review of denial of ERISA benefits is de novo, and that to obtain the more lenient abuse of discretion standard of review, a plan must unambiguously so provide. The plan in this case does so. it expressly and unambiguously gives the administrator discretion to determine eligibility.8 Thus, under
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