Wang Laboratories, Inc., Cross-Appellant v. Paul G. Kagan, Cross-Appellee

KLEINFELD, Circuit Judge:

This case arises out of a claim by an ERISA plan against a beneficiary. The case turns on which statute of limitations applies, that of the state selected in a contractual choice of law provision, or that of the state where the claim was filed. We conclude that the choice of law provision in the plan controls. The plan won a summary judgment in district court, which we affirm.

I. Facts.

Mr. Kagan worked in California as a sales representative for Wang Laboratories, Inc. He was hurt in a car accident on July 1,1984, and Wang’s ERISA plan spent about $20,000 for his…