With no explanation, chose the best option from "A", "B", "C" or "D". upheld because it was neither arbitrary nor capricious. 1. ERISA Exhaustion Requirements Defendant’s motion for summary judgment on the ground that Smith has failed to exhaust his administrative remedies will be denied because, in fact, Smith has exhausted his administrative remedies. “[C]ourts require exhaustion of administrative remedies prior to hearing an action for a denial of ERISA benefits.” Harrow v. Prudential Ins. Co. of America, 279 F.3d 244, 252 (3d Cir.2002). A plain-' tiff can satisfy the exhaustion requirement either by completing the appeal process under the benefit plan or by showing that the claim was “deemed denied” after the plan administrator failed to address the claim within the time frame provided by the plan. See Gritzer v. CBS, Inc., 275 F.3d 291 (3d Cir.2002) (<HOLDING>). The Policy provides that the insurer must

A: holding that administrative remedies must be exhausted prior to filing a claim in court
B: holding that a plaintiff has exhausted his administrative remedies when his claim is deemed denied because of failure of administrator to respond in a timely manner
C: holding that a prisoner exhausted his administrative remedies even though his grievance was untimely
D: holding that the prisoner has the burden of demonstrating he has exhausted his administrative remedies in his complaint
B.