The principle that contractual limitations provisions should ordinarily be enforced as written is especially appropriate in the context of an ERISA plan. Unless the limitations period is unreasonably short or there is a controlling statute to the contrary, the Plan’s limitations provision must be given effect. To the extent that administrators attempt to prevent judicial review by delaying the resolution of claims in bad faith, the penalty for failure to meet the regulatory deadlines is immediate access to judicial review for the participant. Moreover, courts are well equipped to apply traditional doctrines, such as waiver or estoppel, and equitable tolling. Finally, plans offering appeals or dispute resolution beyond what is contemplated in the internal review regulations must agree to toll the limitations provision during that time. See Heimeshoff v. Hartford Life & Accident Ins. Co., 134 S.Ct. 604 (2013).
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