Arbitrary And Capricious Standard Of Review Applies, Federal Magistrate Judge Says
(January 8, 2016, 10:29 AM EST) -- LOUISVILLE, Ky. — An arbitrary and capricious standard of review should be applied in a denial of disability benefits suit because the insurer had the discretionary authority under the plan to make claims decisions, a Kentucky federal magistrate judge said Dec. 23 (Debbie Hawks v. Life Insurance Company of North America, No. 15-124, W.D. Ky.; 2015 U.S. Dist. LEXIS 171135).
(Opinion available. Document #17-160111-007Z.)
Debbie Hawks is insured under a long-term disability insurance policy issued by Life Insurance Company of North America (LINA).