Contractual Limitations Periods in the Post-Heimeshoff Era: A Circuit-by-Circuit Analysis of the Latest Relevant Court Decisions and Their Implication
Nikole M. Crow
Womble Carlyle Sandridge & Rice LLP
Julie F. Wall
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