U.S. Court of Appeals for the Tenth Circuit

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Tenth Circuit rejects plaintiff’s argument that a health insurer’s discretionary benefits decisions are subject to de novo review

December 05, 2023

The court expressly agreed with the Chamber that arbitrary-and-capricious review applies, but it ultimately held that the denial of benefits was arbitrary and capricious.

U.S. Chamber files amicus brief urging Tenth Circuit to reaffirm that an ERISA plan administrator’s exercise of discretion warrants deferential review if the plan administrator has substantially complied with ERISA’s claims procedure regulation

April 04, 2023

Click here to view the brief. Meaghan Vergow of O'Melveny & Myers LLP and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.

Case Documents