Articles Posted in Discretionary Clause

The issue in the case of Edward W. Murray v. Anderson Bjornstad Kane Jacobs, Inc. et. al. revolved around the standard of review that the court must apply in reviewing a claim denial. Murray and his Washington disability attorney appealed their case after Murray was denied disability insurance benefits, claiming that the decision was made in violation or the Employee Retirement Income Security Act (ERISA). Appealing Anderson’s initial denial of insurance benefits to Murray, Murray and his Washington disability attorney asked the W.D. Court of Washington at Seattle to order that a de novo standard of review be granted in Murray’s case. In opposition Anderson argued that the applicable “standard of review is abuse of discretion.”
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