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 […]




