M.D. Fla. Identifies Circuit Split Re Facts to Be Considered During De Novo Review of an ERISA Administrator's Determination

Per Dunn v. Cox, 2008 WL 2370247 (M.D.Fla. Jun 06, 2008):

In the Eleventh Circuit, "a district court conducting a de novo review of an [a]dministrator's benefits determination is not limited to the facts available to the [a]dministrator at the time of the determination." Kirwan v. Marriott Corp., 10 F.3d 784, 789 (11th Cir.1994). As the Kirwan court noted, "[t]here is a split among the circuits as to whether a de novo review should include facts not before the plan administrator. This circuit and the Third Circuit have squarely held that de novo review includes facts not before the administrator." Id. n. 31 (citation omitted).