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Disapproval of insurance not preempted by ERISA (access required)

Published: November 2, 2009

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Montana’s insurance commissioner’s practice of disapproving any insurance contract if it contains a “discretionary clause” isn’t preempted by ERISA, the 9th Circuit has ruled. Montana state law provides that its commissioner of insurance should “disapprove any [insurance] form … if the form … contains … any inconsistent, ambiguous, or misleading clauses or exceptions and conditions which ...
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