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· 1/29/2007

Paul Miller v. Fortis Benefits Insurance Company and Resorts International Hotel

Citations

  • 475 F.3d 516
  • 39 Employee Benefits Cas. (BNA) 2431
  • 2007 U.S. App. LEXIS 1896
  • 2007 WL 210370

How courts have described this case

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

  • holding in non-fiduciary ERISA claim case that “the accrual date for federal claims is governed by federal law, irrespective of the source of the limitations period.”
  • rejecting the plaintiffs “proposed application of the clear repudiation rule,” which would have required an explicit demand and refusal, and concluding that a court should ask “when a beneficiary knows or should know he has a cause of action” (emphasis added)

Source: CourtListener parenthetical corpus (CC0).

Judges: Fuentes, Fisher, McKay

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.