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Ninth Circuit: 'Reopening' a Claim, After the Statute of Limitations Has Run, Does Not Waive That Defense
Lane Powell PC 
Apr. 15, 2014 "If the statute of limitations has already run, does the claim administrator 'waive' the statute of limitations defense by agreeing to reopen a claim? NO.... Even when MetLife 'reopened' the claim in 2009, five years after claim denial, the 2004 statute of limitations defense applied, barring the 2011 lawsuit. This also is a good case to review because it discusses how an appeal denial letter should be written, when considering the statute of limitations defense." [Gordon v. Deloitte & Touche, LLP Long Term Disability Plan, No. 12-55114 (9th Cir. Apr. 11, 2014)] MORE >> |
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