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Understanding State Bans on Discretionary Clauses in Insurance Policies
ERISA, Abuse of Discretion, ERISA Preemption Brent Dorian Brehm ERISA, Abuse of Discretion, ERISA Preemption Brent Dorian Brehm

Understanding State Bans on Discretionary Clauses in Insurance Policies

Facing an Unfair Insurance Claim Denial? Did you know your insurance company might have the final say on your claim, even if it seems unjust? This power comes from "discretionary clauses" hidden in some insurance policies, allowing insurers to interpret the rules in their favor. This can be a major hurdle, especially in long-term disability, life insurance, and AD&D claims, often governed by ERISA. While many states are banning these clauses to protect policyholders, there's a catch for those in self-funded ERISA plans. These plans often aren't subject to state insurance regulations, meaning discretionary clauses could still impact your claim.  

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