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District Court in New Jersey Rules Plan Waives Defenses If Not Asserted in Administrative Process
Lane Powell PC Link to more items from this source
Apr. 28, 2014
"Does the claim administrator waive the timeliness defense if it failed to deny the claim on that basis during administrative review? YES! ... 'Some circuits prevent a plan administrator from relying on a defense...that was not articulated in the administrative proceedings[.]' (The court cites cases from the 1st, 2nd, 5th, 8th 9th, [and] 10th circuits.) 'Other circuits have acknowledged that waiver is possible in some factual circumstances.' (The court cites cases from the 4th, 7th, [and] 11th circuits)." [Becknell v. Severance Pay Plan of Johnson and Johnson, No. 13-4622 (D.N.J. April 21, 2014)]

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