Defined Benefit Combo Cash Balance Compliance Consultant Loren D. Stark Company (LDSCO)
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Disability Carrier's Venue Provision Violated ERISA
Brian S. King, Attorney at Law Mar. 19, 2007
Excerpt: Is A Forum Selection Clause Enforceable? Short answer: only if it is no more restrictive than ERISA's venue provision. In Nicolas v. MCI Health and Welfare Plan No. 501 ... (E.D. Tex. 2006) William Nicolas asserted a claim for benefits under his employer's long term disability plan. When his claim was denied, he filed suit where he lived and worked in Texas. But the disability plan documents stated that anyone bringing suit had to do so in either Washington D.C. [or Virginia].
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