News & Analysis as of

Limitation Periods Employee Retirement Income Security Act (ERISA)

Hinshaw & Culbertson - The LHD/ERISA Advisor

The LHD/ERISA Advisor: Court Rejects Insurer's Interpretation of its Own Policy Language on Limitations Period

In Spina v. Metro. Life Ins. Co., 2021 U.S. Dist. LEXIS 114887, (D.N.J. June 21, 2021), the court rejected both an insurer's and insured’s interpretation of when proof of loss was due under a long-term care policy and...more

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

SCOTUS Case Watch 2019-2020: Welcome to the New Term

The Supreme Court of the United States kicked off its 2019-2020 term on October 7, 2019, with several noteworthy cases on its docket. This term, some of the issues before the Court will likely have great historical...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

Alston & Bird

Class Action Round-Up: Summer 2015

Alston & Bird on

The big news this quarter is the U.S. Supreme Court’s acceptance of Tyson Foods, Inc. v. Bouaphakeo, an employment case likely to have major ramifications across the whole spectrum of class action litigation. The Court is set...more

Alston & Bird

Third Circuit – Failure to Identify Plan’s Limitation Period in Denial Letter Precludes Enforcing Deadline

Alston & Bird on

In 2013, the Supreme Court reaffirmed that ERISA plans can impose shorter limitations periods than would otherwise be the case if the plan was silent. Nevertheless, the United States Court of Appeals for the Third Circuit...more

Proskauer - Employee Benefits & Executive...

Third Circuit Says ERISA Administrative Appeal Denial Letters Must State Plan-Imposed Time Limits

The Third Circuit recently held that ERISA administrative appeal denial letters must include plan-imposed time limits for commencing a lawsuit challenging the claim denial, and the failure to provide such notice warranted...more

Poyner Spruill LLP

Do Your Plans Include a Time Limit on a Participant’s Right to Sue?

Poyner Spruill LLP on

Some, but far from all, employee benefit plans set a limit on the amount of time a participant has to file a lawsuit claiming benefits under the plan. Until recently, however, not all courts would recognize these plan...more

Foley & Lardner LLP

Supreme Court Allows Employers to Limit Time Periods for Bringing Employee Benefit Plan Suits

Foley & Lardner LLP on

In a recently-issued decision, the U.S. Supreme Court unanimously held that employee benefit plans may include a contractual limitations period for filing suit under ERISA §502(a)(1)(B) so long as that period is not...more

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