Source Publication Abbreviation
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.
The "Discretionary Clause" in ERISA Health Insurance Plans
Tr. Trends 31
Available at: http://scholarship.law.umt.edu/faculty_barjournals/8