Sep 022015

In our blogpost of August 13, 2014, we featured the decision in Moyer v. Metropolitan Life Ins. Co., 762 F.3d 503 (6th Cir. 2014), wherein it was held that an insurer cannot invoke a statute of limitations defense that is grounded on plan language unless mention of the language was made in the insurer’s denial letter.  One year later, the Third Circuit expressed the exact same view.

Plan-based time limitations are commonplace, and they often serve to drastically shorten the period during which suit may be brought.  Accordingly, the Third Circuit’s decision, in tandem with that of the Sixth Circuit, is a significant victory for ERISA disability claimants.

Mirza v. Insurance Adm’r of Am., Inc., 800 F.3d 129 (3d Cir. 2015)

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