2nd Circ. Overturns Ruling In ERISA Suit V. First Unum

Law360, New York (December 30, 2008, 12:00 AM EST) -- Citing the U.S. Supreme Court's new standard of review for challenges to an ERISA plan administrator's denial of benefits, a federal appeals court has reversed a lower court's dismissal of a suit by a policyholder against First Unum Life Insurance Co. for denying his claim for long-term disability benefits, finding the insurer was conflicted as both claims administrator and payer of benefits.

In an opinion handed down in the U.S. Court of Appeals for the Second Circuit on Wednesday, Circuit Judge John M. Walker Jr. wrote...
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