Company agrees in writing to waive premiums for that Employee. After premiums have been waived for 12 months, they will be waived for future periods of 12 months, if the Employee remains Disabled and submits satisfactory proof that Disability Continues. Satisfactory proof must be submitted to the Insurance Company 3 months before the end of the 12 month period. Admin. Record at 1842. Phrases such as “due proof’ and “satisfactory proof,” the Eighth Circuit has held, are “common in insurance policies” and insufficient to explicitly confer discretion. Bounds v. Bell Atl. Enterprises Flexible Long-Term Disability Plan, 32 F.3d 337, 339 (8th Cir.1994) (finding phrase “after [administrator] receives adequate proof of loss” did not confer discretion); see also Walke, 256 F.3d at 839-40 (<HOLDING>). The Life Policy language also differs from
holding that the number of witnesses immunized by the government without more would not support a finding of discriminatory use holding that proof of an explicit agreement is not required holding phrase satisfactory proof of total disability without more would not confer discretion holding failure to exercise discretion is abuse of discretion holding no abuse of discretion when the moving party failed to make an offer of proof by showing what the witness would testify to if present