United States Court of Appeals
                       For the First Circuit


No. 23-1168

                            BRIAN SMITH,

                       Plaintiff, Appellant,

                                 v.

              PRUDENTIAL INSURANCE COMPANY OF AMERICA,

                        Defendant, Appellee.


          APPEAL FROM THE UNITED STATES DISTRICT COURT
                FOR THE DISTRICT OF RHODE ISLAND

           [Hon. Mary S. McElroy, U.S. District Judge]


                               Before

                  Rikelman, Lipez, and Thompson,
                          Circuit Judges.


     George E. Lieberman, with whom Gianfrancesco & Friedemann was
on brief, for appellant.
     Ian H. Morrison, with whom Seyfarth Shaw LLP was on brief,
for appellee.

                          December 6, 2023
          RIKELMAN, Circuit Judge.    Brian Smith sued Prudential

for breach of fiduciary duty after it terminated his long-term

disability benefits under an insurance policy it issued.    Although

the policy specified a three-year limitations period to file a

lawsuit, it also, inexplicably, started the limitations clock on

the date Smith was required to