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Indiana Federal Judge Says Arbitrary And Capricious Standard Of Review Applies

Mealey's (September 28, 2016, 12:23 PM EDT) -- INDIANAPOLIS — After considering additional briefing on a recent decision by the Second Circuit U.S. Court of Appeals, an Indiana federal judge on Sept. 26 denied a disability claimant’s motion to apply a de novo standard of review because the plan proved that its failure to comply with the claims-procedure regulation was harmless to the claimant (Donald Fessenden v. Reliance Standard Life Insurance Co., et al., No. 15-370, N.D. Ind.; 2016 U.S. Dist. LEXIS 131226).

(Opinion available. Document #17-161010-006Z.)

Donald Fessenden filed suit in the U.S....
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