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· 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 CourtListener

Sourced 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.