Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 1 of 1
Full-Text Articles in Law
The "Discretionary Clause" In Erisa Health Insurance Plans, Greg Munro
The "Discretionary Clause" In Erisa Health Insurance Plans, Greg Munro
Faculty Journal Articles & Other Writings
This article reviews the issue of the power of state insurance commissioners to regulate the use of the discretionary clause under ERISA. The article questions the remarkable power imbalance between insureds and insurers noting the courts' deference to decisions made under discretionary clauses and the abuse of discretion standard.