us. In the case of a claim under an Employee Retirement Income Security Act (hereinafter referred to as ERISA) Plan, the Insured’s ERISA claim appeal remedies, if applicable, must be exhausted before the claim may be submitted to arbitration. Judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction over such awards. Any costs of said arbitration proceedings levied by the American Arbitration Association or the organization or person(s) conducting the proceedings will be paid by us. This provision does not preclude the Insured from contacting the Indiana Insurance Department for assistance. PHYSICAL EXAMINATION AND AUTOPSY: We will, at our expense, have the right to have the Insured interviewed and/or examined: (1) physically; (2) psychologically; and/or (3) psychiatrically; to determine the existence of any Total Disability which is the basis for a claim. We may require the Insured to be interviewed or examined by Physician(s), other medical practitioner(s), or vocational expert(s) of our choice. Such interviews or examinations may include vocational testing and evaluations, or any other type of testing and evaluations we determine necessary to administer the terms and conditions of the Policy. This right may be used as often as it is reasonably required during any ongoing review of benefit eligibility and while a claim is pending, including during any appeal from an adverse benefit decision. We can have an autopsy made unless prohibited by law. We have the right to deny the claim and terminate benefit payments if the Insured interferes with or does not cooperate with our requests for a physical examination or autopsy. The Insured has no right to videotape or record the physical examination by any means, nor does the Insured have the right to have a witness present during any examination and/or testing. LEGAL ACTIONS: No legal action may be brought against us to recover on the Policy within sixty (60) days after written proof of loss has been given as required by the Policy. No action may be brought after three (3) years from the time written proof of loss is received. If the Insured’s claim is subject to ERISA, no legal action may be brought or any benefits paid unless there has been full compliance with all Policy terms, including the exhaustion of all appeal procedures included above under the REVIEW OF ADVERSE BENEFIT DECISIONS provision. LRS-6564-6-0719-IN Page 6.4