2d Circuit Reverses LTD Dismissal

The Second Circuit issued McQuillin v. Hartford today, which reversed the decision of U.S. District Court Judge Seybert.  A copy of the decision can be found under the Resources tab on my website.  Judge Seybert had granted Hartford’s motion to dismiss based on a purported failure to exhaust administrative remedies.

The Second Circuit held that ERISA requires a decision on the merits within 45 days.  Since Hartford failed to do so, or to identify “special circumstances” for an extension, within 45 days, the Second Circuit ruled that Mr. McQuillin had exhausted his administrative remedies.  Thus, the Second Circuit remanded the case back to Judge Seybert so Mr. McQuillin can now receive his day court.