Deposition Is Not The Best Solution To Denial

Law360, New York (February 15, 2012, 1:19 PM EST) -- In Metropolitan Life Insurance Co. v. Glenn[1], the U.S. Supreme Court ruled that, when insurance companies both decide and pay Employee Retirement Income Security Act (ERISA) benefit claims, they operate under an inherent conflict of interest, and courts must weigh the conflict as a factor in reviewing a benefit claim denial for abuse of discretion.

In the three-plus years since Glenn, a substantial body of case law has developed addressing when, and to what extent, plaintiffs in ERISA benefit claim litigation should be permitted to explore...
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