ERISA Ruling: Claimant Has ‘Duty to Investigate’ When Asserting Equitable Tolling of Contractual Limitations Provision
A posting by by Mike Reilly on the Lane Powell website considers the question: When does the court apply “equitable tolling” to extend the time by which a claimant may file suit beyond the contractual limitations provision?
The article discusses the case of Wilson v. Standard Insurance Company, 2015 WL 3477864 (11th Cir. June 3, 2015)(Equitable tolling rejected even though claim denial letter failed to state date by which civil claim must be brought.)
The 11th U.S. Circuit Court of Appeals found that equitable tolling does not trump the contractual limitations provision.
