United States First Circuit

Summary judgment for defendant-insurer in an action filed under the Employee Retirement Income Security Act of 1974 (ERISA), alleging that defendant had been underpaying his monthly benefits since its 2005 denial of his assertion that he was entitled to a larger payment calculation under his long-term disability insurance plan, is affirmed, where: 1) the district court correctly concluded that the suit was barred by the six-year statute of limitations because an ERISA cause of action accrues when, after a claim for benefits is made and a specific sum is sought, the ERISA plan repudiates the claim or the sum sought, and that rejection is clear and made known to the beneficiary; 2) plaintiff's argument that the ERISA plan must be treated as a continuing violation or as an installment contract is rejected; and 3) plaintiff's equitable arguments fail.

Appellate Information

• Decided 03/04/2014
• Published 03/04/2014

Judges

• LYNCH

Court

• United States First Circuit

Counsel