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KROCHMAL v. PAUL REVERE LIFE INS. CO.

Docket No. 242776.

684 N.W.2d 375 (2004)

262 Mich.App. 115

Ralph KROCHMAL, Plaintiff-Appellee, v. PAUL REVERE LIFE INSURANCE COMPANY, Defendant-Appellant.

Court of Appeals of Michigan.

Decided May 20, 2004, at 9:00 a.m.

Released for Publication July 21, 2004.

Attorney(s) appearing for the Case

Grant, Busch & Kirschneri (by David B. Grant), Southfield, for the plaintiff.

Dickinson Wright PLLC (by K. Scott Hamilton), Detroit, for the defendant.

Before: FORT HOOD, P.J., and BANDSTRA and METER, JJ.

METER, J.

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...

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