Harrow v. Prudential Insurance Company Of America

How courts have described this case

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

• stating that plaintiff’s diligence in pursuing administrative relief is a factor in determining whether to excuse exhaustion under ERISA
• stating that a claim for benefits is one “where the resolution of the claim rests upon an interpretation and application of an ERISA-regulated plan, rather than upon an interpretation of ERISA.”
• classifying plaintiffs challenge to denial of coverage for Viagra prescriptions a benefits claim rather than a breach of fiduciary duty claim
• requiring a plaintiff to make a “ ‘clear and positive showing of futility’ ” to warrant waiver of the exhaustion requirement
• requiring a plaintiff to make a \'clear and positive showing of futility'\ to warrant waiver of the exhaustion requirement
• \Plaintiffs cannot circumvent the exhaustion requirement by artfully pleading benefit claims as breach of fiduciary duty claims.\

Source: CourtListener parenthetical corpus (CC0).