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Bob Stevenson was again interviewed and heavily quoted (although not with complete accuracy!) in Michigan Lawyers Weekly.  The story concerned the 6th Circuit’s recent upholding a Michigan insurance rule.  The rule prohibited insurance contracts from including so-called “discretionary clauses” that give insurers discretion (within limits) to determine eligibility for benefits.  This is similar to the discretion granted ERISA plan administrators in a 1989 U.S. Supreme Court case, Bruch v Firestore.  Bob argued that in the current case (American Council of Life Insurers, et al v Ross), the 6th Circuit has added to the burden of multi-state benefit plan sponsors, which now must deal with a patchwork of claims review processes.  Also, both ERISA and centuries of common law recognize such discretionary powers, and already prohibit abuse of discretion.