Case News & Notable Orders
Zaccone v. Standard: Court Rules that De Novo Standard of Review Applies
By Jennifer Danish
In Zaccone v. Standard Life Insurance Company, the court held that the US Supreme Court decision in Conkright v. Frommert does not nullify the Illinois statute prohibiting the inclusion of discretionary language in health and welfare insurance policies and that state statutes banning discretionary language are not violative of congressional intent. The court held that the Illinois statute is not preempted by ERISA. As a result, the court concluded that the de novo standard of review will apply. Zaccone v. Standard Life Ins. Co., 10 CV 00033, 2013 WL 1849515, 2013 U.S. Dist. LEXIS 62062 (N.D. Ill. May 1, 2013).