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Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

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Tuesday, January 7, 2014

ERISA Plan's Statute of Limitations Upheld

ERISA-Compliance

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.

http://lawprofessors.typepad.com/trusts_estates_prof/2014/01/erisa-plans-statute-of-limitations-upheld-.html

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