Withrow
Withrow v. Bache Halsey Stuart Shield, Inc.
Opinion
Opinion
Timlin, J.
Valerie Withrow appeals the district court’s dismissal of her ERISA action against Bache Halsey Stuart Shield, Inc. Salary Protection Plan (“Bache Halsey”) as not timely filed. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We hold that the district court erred in dismissing her action, and accordingly, we reverse.
I.
BACKGROUND
Ms. Withrow was employed by Bache Halsey as a stock-broker in 1979, which paid her on a commission basis. Bache Halsey provided her with long-term dis ability coverage under the Bache Halsey Stuart Shield, Inc. Salary Protection Plan (“plan”), as it did for all its employees. The plan is insured by a group disability policy issued by Reliance Standard Life Insurance Company (“Reliance”).
Starting in 1982, Withrow had been disabled periodically from her employment, due to degenerative disc disease with chronic lumbar pain, as well as other various medical conditions. She has been totally disabled from employment from December 6,1986 to the present.
Around January 15, 1987, Withrow applied for long-term disability benefits. Some time in the beginning of 1987, With-row had a conversation with an employee of Reliance, Dominic Lorenzo,…