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The 3rd U.S. Circuit Court of Appeals ruled in 2000 that "heightened scrutiny" is required when an insurance company both funds and administers an ERISA benefits plan since the combination of such fiduciary and non-fiduciary roles creates an inherent conflict of interest. Now, the 3rd Circuit has held that even in cases where there is no obvious financial conflict of interest, courts must apply a "moderately heightened" standard of review if there is evidence of "procedural bias."
September 14, 2004 at 12:00 AM
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The original version of this story was published on Law.Com
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