Strategies for Enforcing the Mental Illness Limitation under De Novo Review

Publication

Strategies for Enforcing the Mental Illness Limitation under De Novo Review

Apr 15, 2016

DRI ERISA Report, Volume 11 Issue 1

Today’s ERISA disability policies almost universally contain limitations capping payment on disability claims that involve mental illness.These limitations serve to provide a framework of expectations to both
policyholders and insureds for disabilities that are otherwise amorphous and difficult to adjudicate from
a claims perspective. Needless to say, mental illness limitations are extremely unpopular with the ERISA plaintiff’s bar once litigation commences.

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