§ 4.3.7.3 EXHAUSTION

• Jurisdiction: Arizona

§ 4.3.7.3 Exhaustion. The courts of appeal are in general agreement that a participant or beneficiary seeking benefits must exhaust the available remedies under the plan's claims procedure.¹⁷⁷ This exhaustion requirement is prudential not jurisdictional.¹⁷⁸ The courts also permit a futility exception to the exhaustion requirement.

Exhaustion of intraplan remedies is not required with respect to claims of breach of fiduciary duty.¹⁷⁹

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Notes:

^[177] See Simmons v. Willcox, 911 F.2d 1077, 1081 (5th Cir...