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Abuse of Discretion Standard Tag

CaveyLaw.com > Posts tagged "Abuse of Discretion Standard"

Reliance’s Structural Conflict of Interest Results In Reversal of District Court Order

Reliance Short Term Disability Claims

It’s not uncommon for disability insurance companies, like Reliance, to be responsible for both paying benefits and administrator during the claims process. That’s a conflict! Disability carriers routinely have provisions in the policy that provides them with the discretion to interpret the terms of the policy and make a determination of entitlement to benefits. To overcome that denial, the policy holder has to show an abuse of discretion. The Abuse of Discretion Standard While the fact that disability insurance companies, like Reliance, are responsible for paying benefits and administering the claims process, it won’t alter the standard of review. However, depending on what...

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