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Not All Plans Can Establish a Shortened Limitations Period for Filing a Lawsuit
StinsonLink to more items from this source
Oct. 6, 2015

"[A federal district court] prohibited a fully insured plan from establishing a deadline shorter than the state imposed deadline. The plan was a long term disability plan that was insured under Wisconsin law [which] attempted to impose a shorter deadline for bringing claims than the three year period allowed under Wisconsin insurance law. The court held that because Wisconsin law precluded an insurance company from using a shorter limitations period, the three year time limit applied." [Lundsten v. Creative Commun. Living Services, Inc. LTD Plan, No. 13-C-108 (E.D. Wis. Aug. 20, 2015)]

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