Minor Procedural Violations Can’t Trigger Tougher Review Standard, Judge Says

Mealey's (September 9, 2021, 2:16 PM EDT) -- SALT LAKE CITY — An insurer’s confusion over which appeal it was addressing and use of boilerplate language are not egregious procedural violations warranting abandoning the arbitrary and capricious review standard, and under that standard the insurer’s interpretation of wilderness adventure therapy was reasonable, a federal judge in Utah said Aug. 12 in granting the insurer summary judgment....