MILLER v. FORTIS BENEFITS INS. CO.

No. 05-2539.

475 F.3d 516 (2007)

Paul MILLER, Appellant v. FORTIS BENEFITS INSURANCE COMPANY and Resorts International Hotel.

United States Court of Appeals, Third Circuit.

Filed January 29, 2007.


Attorney(s) appearing for the Case

Robert P. Merenich (Argued), Gemmel, Todd & Merenich, Linwood, NJ, for Appellants.

Randi F. Knepper, Joshua A. Zielenski (Argued), McElroy, Deutsch, Mulvaney & Carpenter, Morristown, NJ, for Appellees.

Before: FUENTES, FISHER, and McKAY, Circuit Judges.


FUENTES, Circuit Judge.

Appellant Paul Miller appeals the District Court's dismissal of his complaint under Federal Rule of Civil Procedure 12(b)(6). The focus of Miller's appeal is the accrual date of his cause of action to recover benefits under the Employee Retirement Income Security Act ("ERISA"). We must determine whether his cause of action accrued in 1987, when he first began receiving a miscalculated benefit award, or in 2003, when his request to correct that...

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