· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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