Final Judgment Secured for Insurer in Federal ERISA Benefits Case
Plaintiff, Executor of his late wife’s Estate, sued in State Court to collect benefits under two employer-sponsored group life insurance policies insuring his wife’s life. The group policies were governed by the Federal ERISA statute. We removed the case to Federal Court and moved to dismiss the Complaint on grounds that it was time-barred under the policies’ five-year contractual limitations period. The plaintiff’s late wife had become totally disabled in 2011. However, she failed to certify and provide proof of her continuing disability as required by the policies. Despite multiple notifications, she failed to provide proof of ongoing disability, failed to convert the group policies into individual policies and failed to pay any associated premiums (initially, her disability status relieved her of premium obligations). Accordingly, the insurance company cancelled her group policies in January 2015. She never filed suit and she passed away in 2024. Her Executor did not file suit until early 2026. The Court granted our motion to dismiss and held that the claim was time-barred as the case was filed well beyond the contractual limitations period.
Read the opinion and order here.
United States District Court for the Western District of Virginia, Abingdon Division
(The Hon. James P. Jones, Senior United States District Judge)
Final judgment for defendant.




