D.H. worked as a brewer at Anheuser Busch and had a life insurance policy with Great West Insurance Company. He retired in 1996 due to health problems and obtained Social Security disability benefits. His co-employees told him in 2006 that he should have applied for a buy-out of his life insurance policy due to being disabled. He tried to apply with Anheuser Busch and Great West Insurance and they told him there were only three years to make a claim under his policy and it was too late. Phil Tatlow alleged that Great West and Anheuser Busch breached their fiduciary duty to D.H. and frauduently concealed the existence of valuable benefits from D. H. and that the time never ran to make a claim. He filed a complaint with the Director of Insurance alleging this as well. After fighting for several years Phil is pleased to announce that Great West paid D.H. the policy limits under his insurance policy. We were unable to find any cases under ERISA where benefits were paid 10 years after the statute of limitations ran and believe this is an excellent result for his client.
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