We know that an ERISA plan administrator both administering and funding the plan is operating under a "structural conflict of interest." This "structural conflict of interest" may lower the deference a trial court will give to the plan administrator's benefits decision.
http://www.jdsupra.com/legalnews/plan-administrator-consultation-with-p-12607/
http://www.jdsupra.com/legalnews/plan-administrator-consultation-with-p-12607/
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