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March 28, 2007

CA1: Panel split on ERISA administrator deference

Denmark v. Liberty Life, No. 05-2877 is a big ERISA case. 

This case looks really big and complicated, but it comes down to one issue, which splits the panels, and the panel admits (and describes) the circuit split. The majority says that that an en banc panel should hear this.

The issue is what degree of deference (if any) should be paid when there is a “structural conflict” between the “administrator” of an ERISA plan that hears appeals from denials of benefits and the insurer. In other words, should the court defer to the decisions of an administrator when the benefits come out the pocket of the entity making the decision, or should the court (without further evidence of specific interference in the decision-making process) assume that there is a conflict. The First has held the “arbitrary and capricious” standard applies, because market forces will make the appeal determinations fair. Other circuits disagree. Selya says that the First Circuit's precedent is flexible enough to take into account conflicts of interest.

While litigating at the District Court, the plaintiff sought various pieces of discovery to demonstrate the conflict. The defendant partially complied. The “sanction” that the District Court fashioned was the application of a higher level of scrutiny to an opinion offered by one of the defendants. Lipez says that this “piecemeal” approach to standards of review is not supported by preference, but Selya thinks that such a sanction was a good (though unusual) idea.

The First discusses whether “objective” confirmation of hard-to-see conditions like fibromyalgia can be required: no. But “objective” confirmation of physical limitations can be.

The First also resolved, as a threshold matter, that this policy was covered by ERISA, and that a purchaser of a company (that adopted the provisions of the policy) was a proper assignee of the “fiduciary responsibility for reviewing benefit claims.”

Selya claims that en banc proceedings “waste” “scarce judicial resources.” Whatever.  So is using your clerks to look up big words.  So are investiture ceremonies and chambers decoration budgets.

DotD comments here.  Stephen Rosenberg comments here.  WorkplaceProf comments here.
 

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