Topic
Contractual Limitations
18 published works
Employment & Labor
State Law Is Not A “Controlling Statute” Overriding Contractual Limitation
Heimeshoff v. Hartford Life & Acc. Ins. Co., 134 S. Ct. 529 (2013), held that a contractual limitation period in an ERISA plan is enforceable as written unless the period…
Boom: The ERISA Law Blog
ERISA 11th Circuit: Claimant Has “Duty to Investigate” When Asserting Equitable Tolling of a Contractual Limitations Provision
By Mike Reilly
You already know that contractual limitations provisions in ERISA plans are generally enforceable and can bar untimely claims. But when does the court apply “equitable tolling” to extend the time…
Employment & Labor
Heimeshoff v. Hartford – Facts and Chronology
Wal-Mart established an employee benefit plan to provide disability benefits to its employees, which it funded through a group disability policy issued by Hartford. The policy contained a contractual limitation…
Boom: The ERISA Law Blog
ERISA and Contractual Limitations Provisions: “Don’t worry, be happy”
By Mike Reilly
Does telling a claimant that you “will be happy to reconsider the claim” waive a contractual limitations provision? No. Here is a great new case that highlights virtually every argument…
Property Insurance Coverage Law Blog
Issues Which Differ by Jurisdiction Should be Considered Immediately
By Larry Bache
Consider the auk; Becoming extinct because he forgot how to fly, and could only walk. Consider man, who may well become extinct Because he forgot how to walk and learned…
Property Insurance Coverage Law Blog
Texas Appeals Court Holds Contractual Two-Year Limitations Void if it Begins to Run Before Insured Can Bring and Maintain an Action
By Chip Merlin
Spicewood Summit Office Condominiums Ass'n, Inc. v. America First Lloyd's Ins. Co., --- S.W.3d ----, Tex. App.-Austin, June 12, 2009 On March 25, 2005, a hailstorm damaged the Spicewood Summit…
Employer Law Report
Can an Employer Contractually Limit an Employee’s Time to File Claims?
It may seem odd to include a statement in an employment application or offer that limits the time that an employee has to file legal claims that may arise later…
TortsProf Blog
Contracting Around Malpractice Claims
That's what's happening some in Jersey:If you want to see Ridgewood gynecologist Ruth J. Schulze, you'll have to sign a contract promising never to sue her for malpractice.The veteran physician…