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OK To Nix Insurance Discretionary Clauses: 9th Circ.

Law360, New York (October 27, 2009) -- A federal appeals court ruled Tuesday that the state of Montana's practice of disapproving insurance policies with clauses vesting discretion in insurers does not violate the Employee Retirement Income Security Act.

A three-judge panel of the U.S. Court of Appeals for the Ninth Circuit handed down the affirmation of a district court's judgment against an insurer that had sued Montana's insurance...

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