ERISA’s 6-Year Period Of Repose Bars Plaintiff’s Breach Of Fiduciary Claims

Mealey's (January 13, 2020, 9:46 AM EST) -- DENVER — A district court did not err in denying a request to amend a complaint in a dispute arising out of an employer’s claim that an insurer changed the terms of an employee benefit plan without the employer’s knowledge because amending the complaint to add breach of fiduciary claims under the Employee Retirement Income Security Act would be futile as the claims are barred by ERISA’s six-year period of repose, the 10th Circuit U.S. Court of Appeals said Jan. 9 (AGI Consulting LLC v. American National Insurance Co., No. 19-6060,  10th Cir., 2020 U.S. App. LEXIS 646)....