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ERISA and Contractual Limitations Provisions: 'Don't Worry, Be Happy'
Lane Powell PC
July 23, 2013 "Does telling a claimant that you 'will be happy to reconsider the claim' waive a contractual limitations provision? No.... It was not fatal that the SPD failed to disclose applicable time limits for judicial review.... Unum did not have to prove what was in the administrative file to rebut Plaintiff's equitable tolling defense.... 'When an adverse benefit determination is justified in the first instance and later denials are premised on the initial reason, there has been a 'full and fair review' that satisfies [the regulations].'" [Engleson v. Unum Life Insurance Company of America, 2013 WL 3336741 (6th Cir. July 3, 2013)] MORE >> |
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