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ERISA and the Statute of Limitations

Every type of case has its own Statute of Limitations (the period that the law gives you to file a lawsuit to protect your rights).  These limitation periods can vary from State to State, between the State and Federal Court system, and even from Judge to Judge.  To complicate matters, certain insurance companies offering health, dental, life or even disability (long and short term disability) include even shorter limitations periods in their contracts.

If an insurance company denies your health, dental, life or even disability (long and short term disability) claim, it is important to get a copy of the contract as soon as possible to make sure there is no such provision in the contract.

What do you do if you find out too late that your claim had a contractual limitation period that you were unaware of?  It may not be too late.  We recently helped a client who had been denied a much needed surgery with that exact problem.  Unknown to her, the insurance contract required her to a file a lawsuit within 1 year.  Because she did not know that provision was in the contract, she missed that deadline by almost 2 years.  We argued to the Court that the contract was not enforceable because the insurance company had failed to give her the required notice (and the Court agreed).  If you have a dispute with an insurance company, including claims under ERISA (the Employee Retirement Income Security Act) consult with an experienced lawyer as soon as possible.  Competent representation can make all the difference.  At Silvern & Bulger we have been handling ERISA and other insurance claims for years.  Call now at 303-292-0044 for a free consultation.