Does a plaintiff's failure to affirmatively advise her of the applicable limitations provision under ERISA defeat enforceability?
MultiRegion, United States of America
The following excerpt is from Zelhofer v. Metro. Life Ins. Co., No. 2:16-cv-00773 TLN AC (E.D. Cal. 2017):
Second, defendants' failure to affirmatively advise plaintiff of the applicable limitations provision does not defeat enforceability, because defendants had no duty under ERISA to provide such notice. See Scharff v. Raytheon Co. Short Term Disability Plan, 581 F.3d 899, 907-908 (9th Cir. 2009).
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