You already know about the contractual limitations provision in disability policies. The provision works to bar untimely lawsuits. 

So, it is no surprise that the interpretation/application of these provisions has been the subject of significant litigation.

Here’s a short new case concluding the contractual limitations provision was “unambiguous,” and dismissing the claim as untimely. Kuber

Does your ERISA claim benefit denial letter preserve the contractual limitations defense?

If your denial letter fails to expressly state the contractual limitations timeframe, it might not preserve that defense. 

Here’s the case of Moyer v. Met Life Ins. Co., __ F.3d __ (6th Cir. August 7 2014)(2-1 decision).

FACTS. Moyer made a claim