Krochmal v. Paul Revere Life Insurance

Defendant appeals as of right, challenging the trial court’s order overruling defendant’s claims representative’s decision to discontinue disability benefits to plaintiff and ordering the reinstatement of monthly benefits. We agree with the trial court that the disability policy at issue is not governed by the Employee Retirement Income Security Act (ERISA), 29 USC 1001 et seq. Moreover, although we believe that the “arbitrary and capricious” standard of review should have applied to the evaluation of the claims representative’s decision, we are bound to follow a decision of this Court…