Bernice v. Mansker, Individually and as Special Administratrix of the Estate of Michael Mansker, Deceased v. Tmg Life Insurance Company

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• “In fashioning federal common law under ERISA, including principles that govern the legal effect of plan terms, courts may look to state law for guidance ____”
• “In fashioning federal common law under ERISA, including principles that govern the legal effect of plan terms, courts may look to state law for guidance so long as the state law is not contrary to the provisions of ERISA.”
• rejecting the contra insurer rule upon the authority of Brewer
• where fees are challenged on the ground that the hours claimed are vaguely described, duplicative, or excessive for the work done, the court should carefully review the documentation supporting the fee request and provide reasons for determination of the amount awarded
• “[W]here an ERISA plan gives a plan administrator . . . discretion to decide certain issues, the fact that the administrator . . . fails to address or decide those issues does not exempt those issues from de novo review by the district court on summary judgment.”

Source: CourtListener parenthetical corpus (CC0).