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M.D. Fla. Identifies Circuit Split Re Facts to Be Considered During De Novo Review of an ERISA Administrator's Determination

Per Dunn v. Cox, 2008 WL 2370247 (M.D.Fla. Jun 06, 2008): In the Eleventh Circuit, "a district court conducting a de novo review of an [a]dministrator's benefits determination is not limited to the facts available to the [a]dministrator at the time of the determination." Kirwan v. Marriott Corp., 10 F.3d 784, 789 (11th Cir.1994). As the Kirwan court noted, "[t]here is a split among the circuits as to whether a de novo review should include facts not before the plan administrator. This circuit a read more

Full post as published by Split Circuits on June 18, 2008 (boomark / email).