Disability Plan’s Provision Granting Discretionary Authority Is Void

Mealey's (March 29, 2017, 1:32 PM EDT) -- SAN FRANCISCO — A de novo standard of review must be applied in a claimant’s suit seeking long-term disability benefits because the plan’s discretionary authority provision is void under California state law, a California federal judge said March 27 (Peter Englert v. The Prudential Insurance Company of America, No. 15-4814, N.D. Calif.; 2017 U.S. Dist. LEXIS 44833)....