10th Circuit Reverses, Finds ERISA Arbitrary And Capricious Standard Viable

Mealey's (December 6, 2023, 2:51 PM EST) -- DENVER — The arbitrary and capricious review standard still applies in Employee Retirement Income Security Act cases, but an insurer’s denial letter fails to meet the standard under recent precedent requiring that such documents provide a comprehensive and specific explanation of the reasons for denying coverage, a 10th Circuit U.S. Court of Appeals panel said Dec. 5 in reversing summary judgment in favor of the insurer....