regarding the administrative appeal available in 1990 do not amount to a “clear and positive showing of futility,” nor has Plaintiff established to a certainty that her claim would have been denied on appeal. Under the benefit Plan at issue in this case, it is clear that Plaintiff would not be entitled to additional benefits for mental illness. It is not certain, however, that an appeal would have been denied had Plaintiff presented the evidence that she in fact had previously been diagnosed as having MS and continued to seek medical evaluation for a possible physical disability, which she apparently did, and which ultimately led to the rediagnosis of MS. The record establishes that Plaintiff was diagnosed prior to April 12, 1989, as having MS and that she d 869, 874-75 (7th Cir.1997) (<HOLDING>); Bomis v. Metropolitan Life Ins. Co., 970
holding that one year limitations period in insurance policy was reasonable and therefore enforceable to shorten the fifteen year statute of limitations for breach of contract holding that duress toll to statute of limitations under state law had no application to federal rico statute of limitations holding that insurance plans thirtynine 39 month contractual limitations period shorter than statute of limitations was reasonable and thus enforceable holding that a reasonable contractedfor limitations period that is not contrary to public policy is generally enforceable holding that placement of a contractual limitations period in a section entitled claims was reasonable