· 2/23/2000
Carolyn Herzberger v. Standard Insurance Company, Beverly A. Johnson v. Prudential Insurance Company of America
Citations
- 205 F.3d 327
- 24 Employee Benefits Cas. (BNA) 1083
- 2000 U.S. App. LEXIS 2579
- 2000 WL 202653
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that when plan documents “confer[] upon the administrator a power of discretionary judgment,” the court can set aside the administrator’s determination “only if it was ‘arbitrary and capricious,’ that is, unreasonable, and not merely incorrect … .”
- noting the tension between Perez and other circuit decisions but leaving open the possibility that all of the decisions could be reconciled
- statement that benefits will be paid if the administrator determines benefits are due does not confer discretion
- no “magic words” needed to trigger deferential judicial review of benefit determinations
Source: CourtListener parenthetical corpus (CC0).
Judges: Posner, Coffey, Ripple
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.