Brief Fact Summary
Conley initiated action against his employer, Pitney Bowes, after he had been denied continued disability benefits for a claim arising from injuries suffered in an automobile accident. At issue was whether a claimant must exhaust administrative procedures when, contrary to the requirements of his plan, the letter denying his benefits does not inform him of appeal procedures.

Rule of Law and Holding
"[I]n bilateral contracts for an agreed exchange of performances, . . . where one party's performance is to be rendered prior in time to that of the other, it is a constructive condition precedent to the latter's duty."

Topics
Contract Duties

Subtopics
The Order of Performance