Wang Laboratories, Inc., Cross-Appellant v. Paul G. Kagan, Cross-Appellee

This case arises out of a claim by an ERISA plan against a beneficiary. The case turns on which statute of limitations applies, that of the state selected in a contractual choice of law provision, or that of the state where the claim was filed. We conclude that the choice of law provision in the plan controls. The plan won a summary judgment in district court, which we affirm.

I. Facts.

Mr. Kagan worked in California as a sales representative for Wang Laboratories, Inc. He was hurt in a car accident on July 1,1984, and Wang’s ERISA plan spent about $20,000 for his medical care. Subsequently, he recovered $50,000 on a tort claim against the driver of the car. Wang demanded reimbursement, under a provision of the plan requiring reimbursement out of any such recovery from a third party. Kagan disputed the right of the plan to claim reimbursement, and also asked for a waiver of reimbursement, but the plan’s entitlement to reimbursement is not at issue on this appeal, and is assumed.

Wang has its headquarters in Massachusetts. The plan administrator, John Hancock Mutual Life Insurance Company, had its headquarters in Massachusetts, although its claims handling appears to have been…