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· 8/12/2014

Holmes v. Colorado Coalition for the Homeless Long Term Disability Plan

Citations

  • 762 F.3d 1195
  • 59 Employee Benefits Cas. (BNA) 1239
  • 2014 WL 3906853
  • 2014 U.S. App. LEXIS 15428

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding the “deemed-exhausted provision [of 29 C.F.R. 2560.503-1(l)] is limited to instances in which the notice and disclosure deficiencies actually denied the participant a reasonable review procedure.”
  • suggesting that substantial compliance remains the applicable standard for non- deadline violations so long as the claimant has not been prejudiced by “deviations from ERISA’s notice requirements”
  • assuming without deciding that an insurance plan’s summary plan description incorporated by reference a claim denial review procedure where it stated that a claimant would receive written notice if a claim was denied
  • refusing to consider an appellant’s challenge when it was inadequately briefed on appeal
  • collecting cases declining to consider arguments on appeal that were inadequately briefed
  • declining to consider 8 arguments on appeal that were inadequately briefed

Source: CourtListener parenthetical corpus (CC0).

Judges: Kelly, Tymkovich, McHugh

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.