Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: September 14, 2015
The Firm
201-896-4100 info@sh-law.comThe Third Circuit Court of Appeals recently held that any benefit denial letter sent by ERISA plan administrators must expressly state contractual time limits for bringing suit. The ruling in Mirza v. Insurance Administrator of America is in line with prior decisions by the First and Sixth Circuits.

The Employee Retirement Income Security Act of 1974 (ERISA) provides that a participant or beneficiary may bring a civil action “to recover benefits due to him under the terms of his plan.” upon their receipt of a denial letter. However, since ERISA does not set forth a specific statute of limitations, courts normally will apply the statute of limitations from the most analogous state-law claim, e.g. breach of contract. Of course, in normal contract circumstances, the parties are permitted to contractually agree to a shorter limitations period so long as it is not unreasonable.
The Department of Labor regulations implementing ERISA apply as they define fiduciary responsibility in the context of claim resolution such as when a plan administrator denies a request for benefits. In such case, the denial must set forth a “description of the plan’s review procedures and the time limits applicable to such procedures, including a statement of the claimant’s right to bring a civil action.” 29 C.F.R. § 2560.503–1(g)(1)(iv).
The ERISA plan at issue stated that “no legal action may be commenced or maintained to recover benefits under the Plan more than 12 months after the final review/appeal decision by the Plan Administrator has been rendered.” In the world of health insurance, such shortened periods to resolve claims have become a common way of limiting benefits. Dr. Neville Mirza received his final denial letter on August 12, 2010, but did not file suit until March 8, 2012. The denial letter advised him of his right to judicial review, but it did not mention the short time limit for doing so. The district court dismissed the suit, finding that Mirza’s claim was time-barred.
The Third Circuit held that plan administrators must affirmatively inform claimants of plan-imposed deadlines for judicial review in their benefit denial letter. Accordingly, it concluded that the defendants’ violated their fiduciary obligations by failing to include the plan-imposed one-year time limit in the letter denying Mirza’s request for benefits.
The Third Circuit noted that the two other federal courts of appeal considering the issue reached the same conclusion. In light of its decision, the court further held that the appropriate remedy was to set aside the plan’s contractual time limit and apply New Jersey’s six-year deadline for breach of contract.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

New Jersey businesses must manage legal and reputational risk together because modern disputes play out on two fronts at once: the legal proceeding itself and the court of public opinion, where customers, employees, investors, and business partners often reach conclusions long before a judge or jury has had the opportunity to evaluate the facts. Success […]
Author: Sean M. Pena

No. An eviction does not automatically end a tenant’s obligation to pay rent. Post-eviction rent claims are common because recovering possession resolves who has the right to occupy the premises, but it does not extinguish the tenant’s contractual obligations under the lease. Whether unpaid or future rent remains owed depends on three factors: the lease’s […]
Author: Donald M. Pepe

A company is dissolved; legally, it ceases to exist. Accordingly, dissolution results in significant legal and financial consequences. It is a process that must be properly managed to avoid continuing liability. The Corporate Dissolution Process Corporate dissolution is the legal process of formally closing a corporation, paying its debts and distributing the remaining assets. Most […]
Author: Jay McDaniel

A triple net lease is a commercial lease in which the tenant pays the property’s real estate taxes, insurance, and maintenance costs, known as the three nets, in addition to base rent. They are most often used in freestanding retail and office buildings and in large single-tenant industrial properties, with terms that typically run 10 […]
Author: Donald M. Pepe

Every lawsuit comes with a cost, and knowing when to settle a lawsuit is one of the most consequential decisions a business owner will face. Experienced litigators understand how to minimize cost and obtain certainty for their clients. For many business owners, the decision is viewed almost entirely through a financial lens: What will it cost […]
Author: Sean M. Pena

Business law services are legal services that help companies form, operate, transact, protect assets, manage risk, and resolve disputes. The phrase can sound broad because it is broad. A company may need help with entity formation one month, contract review the next, a commercial lease after that, and a business dispute later in the year. […]
Author: Scarinci Hollenbeck, LLC
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!