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

September 16, 2016 11:50am

Denise M. Clark
Founding Partner
Clark Law Group, PLLC

Michael T. Grimes Esq.
US Regional Business Counsel
Cigna Legal

  • 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?
  • Analyzing the Diaz decision – limitation of access provision not identified in denial letter cannot be enforced