What is the current state of the law on interpretation of ERISA ERISA terms?
MultiRegion, United States of America
The following excerpt is from Seymour v. Metropolitan Life Ins. Co., 990 F.2d 1260 (9th Cir. 1993):
[T]erms in ERISA insurance policies [are interpreted] "in an ordinary and popular sense as would a [person] of average intelligence and experience." [The court] will "not artificially create ambiguity where none exists." "If a reasonable interpretation favors the insurer and any other interpretation would be strained, no compulsion exists to torture or twist the language of the policy."
Evans v. Safeco Life Ins. Co., 916 F.2d 1437, 1441 (9th Cir.1990) (citations omitted).
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