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MOYER v. METROPOLITAN LIFE INS. CO.

No. 13-1396.

762 F.3d 503 (2014)

Joseph MOYER, Plaintiff-Appellant, v. METROPOLITAN LIFE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

August 7, 2014.

Attorney(s) appearing for the Case

ON BRIEF: David B. Grant , Grant Busch & Kirschner, Southfield, Michigan, for Appellant. David M. Davis , Hardy, Lewis & Page, P.C., Birmingham, Michigan, for Appellee.

STRANCH, J., delivered the opinion of the court, in which CARR, D.J., joined. COOK, J. (pp. 8-10), delivered a separate dissenting opinion.

OPINION

STRANCH, Circuit Judge.

Joseph Moyer, an ERISA plan participant, appeals the district court's dismissal for untimeliness of his action against the plan's claim administrator, Metropolitan Life Insurance Company (MetLife), seeking recovery of unpaid ERISA plan benefits. Because MetLife failed to include notice of the time limits for judicial review in its adverse benefit determination letter, we REVERSE.

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