Last year, we reported on how the federal discovery rule – pursuant to which claims for benefits do not accrue until the participant could reasonably have discovered the claim – can require plans to defend the merits of dated claims. In that article, we noted that efforts to protect plans had taken the form of contractual provisions that not only narrow the limitations period, but also prescribe when the claim accrues for statute of limitations purposes.  We noted then that although most circuit courts had enforced such contractual provisions, some had not, and we had hoped that the courts that have declined to enforce contractual accrual provisions would soon “see the light” and reverse course.  Now, with the Supreme Court’s granting of certiorari in Heimeshoff v. Hartford Life & Accident Insurance Co, it is likely that that the high court will provide guidance and uniformity on this issue.