Mealey's Insurance - 6th Circuit Adopts Clear- Notice Standard For Plan's Failure To Provide Documents

Mealey's Insurance - 6th Circuit Adopts Clear- Notice Standard For Plan's Failure To Provide Documents

CINCINNATI - A federal district court did not abuse its discretion in denying a beneficiary's claim for accidental death benefits or in awarding a statutory penalty for the plan's failure to timely provide a copy of the policy upon written request because, under the "clear-notice" standard, the plan administrator knew or should have known which documents were being requested, the Sixth Circuit U.S. Court of Appeals ruled April 9 (Nicole Cultrona v. Nationwide Life Insurance Company, et al., Nos. 13-3558, 13-3585, 6th Cir.; 2014 U.S. App. LEXIS 6486).

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