Legal Opinion
Mogck v. Unum Life Insurance Co. of America
Court of Appeals for the Ninth Circuit
Decided June 10, 2002No. 00-56797PublishedCited by 4 opinions
1Opinion of the Court
OPINION
LEAVY, Circuit Judge.
The question presented in this case is whether the contractual time limitation has expired on an insured’s action against his insurer for disability benefits. The long-term disability policy at issue is governed by the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001 et seq. We conclude that the insurer, in its correspondence to the insured, did not utilize language from its own policy which would inform the insured that the contractual time limitation for legal proceedings would begin to run. Therefore, we reverse the judgment of the…
2Cases cited5 opinions
- Charles Wetzel v. Lou Ehlers Cadillac Group Long Term Disability Insurance Program Reliance Standard Life Insurance CompanyCourt of Appeals for the Ninth Circuit · 2000
- Spray, Gould & Bowers v. Associated International InsuranceCalifornia Court of Appeal · 1999
- National Farmers Union Property and Casualty Company v. Laurence Colbrese, Jr.Court of Appeals for the Ninth Circuit · 1966
- McDonald v. American Family Mutual InsuranceAppellate Court of Illinois · 1993
- Carrington Estate Planning Services v. Reliance Standard Life Insurance CompanyCourt of Appeals for the Ninth Circuit · 2002
3Cited by4 opinions
- Scharff v. Raytheon Co. Short Term Disability PlanCourt of Appeals for the Ninth Circuit · 2009
- Mogck v. Unum Life Insurance Company of AmericaCourt of Appeals for the Ninth Circuit · 2002
- Scharff v. Raytheon Co. ShortCourt of Appeals for the Ninth Circuit · 2009
- Scharff v. Raytheon Co. Short Term Disability PlanCourt of Appeals for the Ninth Circuit · 2009