Tuesday, August 23, 2011

Ninth Circuit -- VALERIE WITHROW V. BACHE HALSEY STUART SHIELD, IN

VALERIE WITHROW V. BACHE HALSEY STUART SHIELD, IN

   ERISA SOL did not tick prior to flat denial of benefits.

Given  both the ambiguity of the situation and claimant's actions and understanding of the situation, ERISA SOL didn't start to run any earlier than the explicit denial of benefits. 

Contractual limitation doesn't apply to this type of claim.
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.