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Limitation Periods Disability Benefits

Hinshaw & Culbertson - The LHD/ERISA Advisor

California Federal Court Rules in Favor of Equitable Tolling of Benefit Plan Limitations Period

This alert was featured in the March 2021 edition of The LHD/ERISA Advisor In Poisson v. Aetna Life Ins. Co., 2020 U.S. Dist. LEXIS 177216 (C.D. Cal. Sep. 21, 2020), a California district court held that the contractual...more

Faegre Drinker Biddle & Reath LLP

ERISA Benefit Denial Letter Must Identify Contractual Limitations Period

An Illinois federal court recently held that the failure to identify a contractual limitations period in a benefits denial letter renders the limitations period unenforceable, even before applicable regulations were changed...more

Hinshaw & Culbertson LLP

The LHD/ERISA Advisor: California Federal Court Rules Claim Denial was Unequivocal

In Daneman v. Guardian Life Ins. Co. of Am., 2019 U.S. Dist. LEXIS 42881 (C.D. Cal. March 11, 2019), the U.S. District Court for the Central District of California held that an insurer's statement in a claim denial letter...more

Proskauer - Employee Benefits & Executive...

Prominently Displayed, Fundamental Discrepancy In Benefits Triggered Contractual Limitations Period

The Fifth Circuit concluded that a plan’s three-year contractual limitations period began to accrue when a beneficiary received a letter in 2008 that prominently displayed on the first page the monthly earnings used to...more

Snell & Wilmer

The New Disability Claims Regulations: They Don’t Only Apply to Disability Plans

Snell & Wilmer on

The Department of Labor (“DOL”) issued regulations that revise the ERISA claims procedure regulations for employee benefit plans that provide disability benefits (the “New Disability Claims Regulations” or “New Regulations”)....more

Cranfill Sumner LLP

Time Bars for Medical Compensation and Evidence Bars for Indemnity Benefits

Cranfill Sumner LLP on

Capen Trucer Carl Anders, II v. Universal Leaf North America - In Capen Trucer Carl Anders, II v. Universal Leaf North America, No. COA 16-910, the Plaintiff appealed an Industrial Commission decision denying his claim for...more

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