High court decision provides some guidance on ERISA limitations periods

Statutes of limitation can be very confusing in Employee Retirement Income Security Act cases. Since the provision of ERISA that authorizes claimants to sue to recover benefits (29 U.S.C. Section 1132(a)(1)(B)) lacks its own statute of limitations, courts borrow the most analogous limitations period under state law. But if the benefit plan contains its own […]

How courts interpret the meaning of ‘civil action’

Congress authorized claimants seeking employee benefits due under ERISA to bring a ‘civil action’ to recover benefits due or obtain appropriate equitable relief. 29 U.S.C. § 1132(a). The Federal Rules of Civil Procedure contemplate only one form of civil action; and civil actions are to be adjudicated utilizing the procedures specified by the civil procedure […]

A lesson in disgorgement

The Employee Retirement Income Security Act law creates a number of perverse incentives for insurers that administer benefit claims. Without the availability of remedies beyond the restoration of benefits due, insurers can earn significant profits on delayed payments. A recent 6th U.S. Circuit Court of Appeals ruling, Rochow v. Life Ins. Co. of North America, […]

Should claimants be allowed to depose ERISA Plan Administrators?

The Federal Rules of Civil Procedure are intended to apply to all civil actions adjudicated in federal court. However, without explanation, Employee Retirement Income Security Act(ERISA) cases receive different treatment, especially cases that involve disability insurance benefits. Although depositions of claim adjusters are routine in other insurance disputes, they are almost unheard of in ERISA […]

Does ERISA Allow Depositions of Claim Adjusters in Disability Insurance Claims?

Despite the fact that the Federal Rules of Civil Procedure are intended to apply to all civil actions adjudicated in federal court, ERISA cases receive different treatment, especially cases that involve disability insurance benefits. In Charles v. UPS National Long Term Disability Plan, 2013 U.S.Dist.LEXIS 164218 (E.D.Pa. November 19, 2013), the court was called upon to decide whether to allow a deposition of the claim adjuster who denied benefits.