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

February 1, 2017 2:40pm

Nikole M. Crow
Counsel
Womble Carlyle Sandridge & Rice LLP

Julie F. Wall
Attorney
Chittenden, Murday & Novotny LLC

  • Whether plan limitation of actions provisions are enforceable if the plan does not advise the participant of its existence
  • Benefit determination letters
  • 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