In Zaccone v. Standard Life Insurance Company, the court held that the US Supreme Court decision in Conkright v. Frommert does not nullify the Illinois statute prohibiting the inclusion of discretionary language in health and welfare insurance policies and that state statutes banning discretionary language are not violative of congressional intent. The court held that the Illinois statute is not preempted by ERISA. As a result, the court concluded that the de novo standard of review will apply. Zaccone v. Standard Life Ins. Co., 10 CV 00033, 2013 WL 1849515, 2013 U.S. Dist. LEXIS 62062 (N.D. Ill. May 1, 2013).
ERISA Disability Claims: What Your Employer Won’t Tell You About Fighting Back
If you receive disability insurance through your employer, you might assume that filing a claim will be straightforward. After all, you’ve paid for coverage—either directly or through your employee benefits package—and you need those…
