Tuesday, January 7, 2014
In Heimeshoff v. Hartford Life & Accident Insurance Co., the Supreme Court upheld the enforceability of this ERISA-plan provision: "Legal action cannot be taken against The Hartford . . . [more than] 3 years after the time written proof of loss is required to be furnished according to the terms of the policy."
The Supreme Court held that, absent a controlling statute to the contrary, a participant and a plan may agree to a reasonable limitations period.
See Thompson Coburn LLP, Supreme Court Upholds ERISA Plan’s Statute of Limitations, Mondaq, Dec. 30, 2013.