:: New Jersey Insurance Regulation Restricting Discretionary Clauses Fails To Affect ERISA Standard Of Review

Evans makes several other claims, none of which merit fulsome analysis. Evans points to a New Jersey regulation that discretionary clauses are void as contrary to public policy, but the regulation is only applicable as of January 1, 2008, and only prohibits those provisions that claim to reserve sole discretion to the carrier. See N.J. …

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