Contractual Limitations Periods in the Post-Heimeshoff Era: A Circuit-by-Circuit Analysis of the Latest Relevant Court Decisions and Their Implications

January 21, 2016 5:45pm

Norris A. Adams II

Essex Richards, P.A.

Bryan D. Bolton
Founding Partner
Funk & Bolton, P.A.

  • A circuit-by-circuit survey of the most significant court decisions affecting ERISA contractual limitations provisions following Heimeshoff over the last year
  • What are the implications of these decisions?
  • Analyzing the four exceptions to the general rule that the Court laid out in Heimeshoff – what litigation has been arising regarding the application of these four exceptions? Where does this seem to be headed? What exceptions does the plaintiffs’ bar seem to be focusing on the most?
  • Understanding how the terms of a plan or policy at issue relates to state statutes that purport to mandate contractual limitations and proof of loss provisions
  • What are the latest court decisions saying about what the shortest period is that a plan could add?