Question
What is the Statute of Limitations on ERISA claims in the State of California?
Hello; I learned of several breaches of the Policy that my ERISA LTD insurance company had committed when I received a copy of my claim file in June, 2021. Since then, I have appealed two Adverse Benefit Determinations (timely), but although they made a partial payment, we have been unable to reach a satisfactory resolution on two remaining issues. They are still in violation of their own Policy.
I have exhausted their appeals process, and I am now free to sue them. I’ve proceeded this far on my own, basically winning both appeals, but they still owe me in excess of $200,000 on my claim. I believe that the Policy and case law are firmly on my side. I am currently putting together a summary of my case, and I am interested in either representation or negotiation. When I have the necessary explanation and documentation together, I will contact you for a consultation. In the meantime, can you tell me whether the Statute of Limitations in CA is 3 years or 4, from the time I learned of the breaches? Thank you so much!
Candace
I have exhausted their appeals process, and I am now free to sue them. I’ve proceeded this far on my own, basically winning both appeals, but they still owe me in excess of $200,000 on my claim. I believe that the Policy and case law are firmly on my side. I am currently putting together a summary of my case, and I am interested in either representation or negotiation. When I have the necessary explanation and documentation together, I will contact you for a consultation. In the meantime, can you tell me whether the Statute of Limitations in CA is 3 years or 4, from the time I learned of the breaches? Thank you so much!
Candace
Answer
The statute of limitation is governed by your policy and its usually 3 years. It’s not clear cut to determine the start date for 3 years.
