Melinda Webb v. Liberty Life Assurance Company of Boston

692 F. App'x 603
CourtCourt of Appeals for the Eleventh Circuit
DecidedMay 25, 2017
Docket16-14565
StatusUnpublished

This text of 692 F. App'x 603 (Melinda Webb v. Liberty Life Assurance Company of Boston) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Melinda Webb v. Liberty Life Assurance Company of Boston, 692 F. App'x 603 (11th Cir. 2017).

Opinion

MARTIN, Circuit Judge:

Melinda Webb brought suit against Liberty Life Assurance Company of Boston (“Liberty”) seeking to recover optional life insurance benefits arid an accidental death insurance benefit under the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1001. The District Court granted Liberty summary judgment after finding the action was not within the contractual limitations period. After careful review, we vacate the District Court’s order and remand for the court to decide in the first instance the factual question of *605 whether Ms. Webb reasonably relied upon Liberty’s statement that “further review will be conducted.”

I.

On December 27, 2013, Ronald Webb sustained a gunshot wound to .the head in the home he and Ms. Webb shared. Ms. Webb was home at the time of the incident, and immediately called the police. Mr. Webb was transported to a hospital, where he died later that night. The coroner concluded Mr. Webb’s death was a result of suicide.

Mr. Webb was an employee of Adobe Systems Incorporated (“Adobe”). Through Adobe, Mr. Webb enrolled in coverage under a life insurance and accidental death benefits plan in compliance with the ERISA, Mr. Webb’s coverage included basic life insurance of $250,000; optional life insurance of $1 million; basic accidental death insurance of $250,000; and optional accidental death insurance of $1 million. Ms. Webb was a beneficiary under each of these policies.

On December 28, 2013, Adobe emailed Liberty that Mr. Webb had died. Adobe then sent Liberty a completed Employee Proof of Death form on December 30, 2013. On January 2, 2014, Liberty’s claims examiner spoke to Ms. Webb and informed her that because Mr. Webb’s death had been ruled a suicide, Liberty would not pay the optional life insurance benefits or accidental death benefit. On January 6, 2014, Liberty sent Ms. Webb a claim form and asked for a copy of Mr. Webb’s death certificate. Ms. Webb provided this additional information required for proof of loss to Liberty on January 24, 2014. Liberty then sent Ms. Webb a letter on January 27, 2014, informing her she would receive basic life insurance benefits. The letter included a check for that sum plus interest. It also explained again that she would not receive the optional benefits, and that she had the right to appeal the decision under the ERISA.

On March 26, 2014, Ms. Webb asked Liberty to review its decision. After review, Liberty did not change its decision, and sent another letter to Ms. Webb to tell her this on June 23, 2014. However, Liberty’s June 23 letter said: “At this time, the appeal process has been exhausted and further review will be conducted by Liberty.” On May 5, 2015, Ms. Webb’s lawyer sent Liberty a' letter inquiring about this further review and providing additional evidence to support Ms. Webb’s claim that the death was not suicide, but instead accidental. Ten days later, on May 15, 2015, Liberty responded, thanking Ms. Webb’s attorney for “pointing out the typo in [its] letter.” Liberty said it had meant no further review would be conducted.

Ms. Webb then filed this action on June 12, 2015. Liberty removed the case to federal court and moved for summary judgment based on contractual time limitations in the policy and based on the administrative record. The District Court granted summary judgment in favor of Liberty based on the contractual limitations period of Mr. Webb’s policy. The court did not rule on the. administrative record because it was not necessary in light of the grant of summary judgment.

II.

We review de novo the grant of summary judgment. Byars v. Coca-Cola Co., 517 F.3d 1256, 1263 (11th Cir. 2008). Summary judgment is appropriate only “if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter *606 of law.” Fed. R. Civ. P. 56(a). 1

This Court has held “contractual limitations periods on ERISA actions are enforceable, regardless of state law, provided they are reasonable.” Northlake Reg’l Med. Ctr. v. Waffle House Sys. Emp. Benefit Plan, 160 F.3d 1301, 1303 (11th Cir. 1998); see also Heimeshoff v. Hartford Life & Accident Ins. Co., 571 U.S. -, 134 S.Ct. 604, 611-12, 187 L.Ed.2d 529 (2013) (“The principle that contractual limitations provisions ordinarily should be enforced as written is especially appropriate when enforcing an ERISA plan.”).

Liberty’s Group Life Insurance Policy (the “Policy”) contains two relevant provisions. First, the Policy sets a time limit after which lawsuits cannot be brought:

Legal Proceedings
A claimant or the claimant’s authorized representative cannot start any legal action:
[[Image here]]
2. more than one year after the time Proof of claim is required.

Second, the Policy defines when Proof of claim is required:

Proof
a. Satisfactory Proof of loss must be given to Liberty no later than 30 days after the date of loss.
b. Failure to furnish such Proof within such time shall not invalidate or reduce any claim if it was not reasonably possible to furnish such Proof within such time. Such Proof must be furnished as soon as reasonably possible, and in no event, except in the absence of legal capacity of the claimant, later than one year from the time Proof is otherwise required.

The District Court construed this language to mean a claimant ordinarily has thirty days to furnish proof of loss, and then one year after that to bring suit— resulting in a total contractual limitations period of one year and thirty days. The court said when “proof cannot reasonably be furnished within 30 days, [then] an additional year would be added to the contractual limitations period.” Because Ms. Webb submitted proof within thirty days, the District Court concluded her contractual limitations period was one year and thirty days instead of two years and thirty days. Therefore, the District Court found her suit barred by the contract’s limitations period and granted summary judgment in favor of Liberty.

On appeal, Ms. Webb argues her action was timely filed because the District Court erred in its interpretation of the contractual limitations period. She says at the very least, the Policy is ambiguous and should therefore be construed against the drafter, Liberty. Alternatively, Ms. Webb argues that if this Court agrees with the District Court’s interpretation of the contractual limitations period, that period was unreasonable.

A.

Ms. Webb first argues the District Court erred by interpreting the term “required” to change its meaning based on when proof of loss is filed. She says, under the Policy, proof is not absolutely required until one year and thirty days. Therefore, Ms.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
692 F. App'x 603, Counsel Stack Legal Research, https://law.counselstack.com/opinion/melinda-webb-v-liberty-life-assurance-company-of-boston-ca11-2017.