J.W. Counts v. American General Life And Accident Insurance Company

How courts have described this case

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

• observing that attorney's letters contesting aspects of benefit denial sent four and ten months after sixty-day appeal period expired constitutes failure to exhaust administrative remedies
• observing that attorney's letters contesting aspects of benefit denial sent four and ten months after sixty-day appeal period expired constitutes failure to exhaust administrative remedies
• affirming district court’s grant of summary judgment where district court refused to excuse a failure to exhaust administrative remedies
• “[T]he usual remedy [for a technical violation is] . . . remand to the plan administrator for an out-of-time administrative appeal.” (cleaned up)
• “The law is clear in this circuit that plaintiffs in ERISA actions must exhaust available administrative remedies before suing in federal court.”
• “We have consistently stated that the exhaustion requirement applies both to actions to enforce a statutory right under ERISA and to actions brought to recover benefits under a plan”

Source: CourtListener parenthetical corpus (CC0).