Issue Exhaustion and ERISA
October 6, 2008 | 9th | No CommentsThe Ninth Circuit has a decision of first impression concerning issue exhaustion and ERISA in the denial of benefits context. In Vaught v. Scottsdale Healthcare (9th Cir 09/29/2008), the Ninth Circuit declined to impose an “issue exhaustion” requirement under ERISA.
Vaught sued his healthcare plan under ERISA asserting a claim challenging the plan’s decision denying his claim for benefits. The trial court granted summary judgment in favor of the plan. The 9th Circuit reversed as to that claim. Read more