Based upon Great-West and Sereboff the Court would limit the use of estoppel theories only to scenarios that truly invoke equitable estoppel as opposed to legal estoppel. Such an approach would require courts to focus upon "'the basis for [the] claim' and the nature of the underlying remedies sought." (92)
With those facts, a court would have to "shut out the truth" and use legal estoppel principles to bind the plan to the misrepresented coverage.
(87.) To reiterate the legal estoppel versus equitable estoppel distinction, it has been stated that:
the legal estoppel shuts out the truth, and also the equity and justice of the individual case, on account of the supposed paramount importance of rigorously enforcing a certain and unvarying maxim of the law.