Farmer & Betts, Inc.
Loren D. Stark Company
EPIC Retirement Plan Services
Hochheiser Deutsch & Co, Inc.
Retirement Plan Consultants
Plumbers Local Union No. 1 Benefit Funds
Nicholas Pension Consultants
RTD Financial Advisors
ERISA Services, Inc.
Kentucky Trust Company
“BenefitsLink continues to be the most valuable resource we have at the firm.”
-- An attorney subscriber
|Ninth Circuit Declines to Apply California's Insurance Notice-Prejudice Rule to a Benefits Claim Against a Self-Funded ERISA Plan|
Seyfarth Shaw LLP
June 17, 2015
"The Court of Appeals determined that the Plan's one-year claim submission deadline was reasonable and did not conflict with ERISA. While recognizing a general federal judicial duty to formulate federal common law to supplement the provisions and purposes of ERISA, the Court of Appeals found that no such judicial legislation was required.... California's notice-prejudice rule is exclusively a creature of state insurance law. The Court of Appeals concluded that extending an insurance-based rule to uninsured plans, such as the Plan at issue, would defeat the distinction Congress made between insured and uninsured plans." [Zagon v. Am. Airlines, Inc. LTD Plan, No. 13-55866 (9th Cir. May 21, 2015) ]
|Please click here to report this link if it is broken (for example, if you see a "404 File Not Found" error message after you click on the link above).|
|An important word about authorship: BenefitsLink® is providing a hypertext link to the item shown above, but is not the author of the item (unless otherwise specified).|