The following excerpt is from Williby v. Aetna Life Ins. Co., 867 F.3d 1129 (9th Cir. 2017):
insurer or other claim administrator to determine entitlement to benefits" and that, "in turn, could lead to a deferential standard of review by any reviewing court." Id . at 10110.6(c). The provision bans the enforcement of discretionary clauses in California. See Orzechowski v. Boeing Co. Non-Union Long-Term Disability Plan, Plan No. 625 , 856 F.3d 686, 692 (9th Cir. 2017) ("[I]f any discretionary provision is covered by the statute, the courts shall treat that provision as void and unenforceable. ") (quoting Cal. Ins. Code 10110.6(g) ).
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