ERISA litigation can be filled with traps for the unwary, and the latest battle between insurers and insureds involves the degree to which ERISA litigation procedure can be set by contract. In Heimeshoff v. Hartford Life & Accident Insurance Co., No. 12-729, the parties recently presented oral argument to the Court on the question of whether the plan can set a statute of limitations for claims against it. Stris & Maher served as co-counsel on the merits for Ms. Heimeshoff. Catherine M.A. Carroll of WilmerHale was lead counsel for the defendant plan and insurer.
Related press coverage:
Justices Mull Time Limits For ERISA Disability Claims (Law360, October 15, 2013) (subscription required)