United States Ninth Circuit

Summary judgment in favor of defendant ERISA disability plan is affirmed, where: 1) plaintiff's claim accrued no later than the date her administrative appeal right expired; 2) the ERISA action is barred by California's four-year statute of limitation governing actions involving written contracts; 3) the ERISA plan insurer's reconsideration of plaintiff's claim did not revive the statute of limitation; 4) defendant-plan is not stopped from asserting the statute of limitation defense based on the insurer's representation that plaintiff could bring an ERISA action; and 5) defendant-plan did not waive the statute of limitation defense.

Appellate Information

• Decided 04/11/2014
• Published 04/11/2014

Judges

• SEDWICK

Court

• United States Ninth Circuit

Counsel