EBIA Weekly Archives - COBRA - Court Cases

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Results (235 articles found)


  1. Date Employee on Leave of Absence Lost Coverage Could Not Be Determined Without Trial
    From the December 23, 2008 EBIA Weekly
    After reviewing an all-too-typical set of events, the court in this case concluded that an employer may have failed to comply with COBRA even though it continued an injured employee’s coverage for almost three years after ...
    [Rea v. Rail Am., Inc., 2008 WL 5157989 (C.D. Ill. 2008)]
  2. Hospital Not Entitled to Notification That Participant Was in COBRA Election Period
    From the December 11, 2008 EBIA Weekly
    The hospital in this case, an assignee of an HMO participant, brought COBRA and state-law negligent misrepresentation claims against the HMO and the participant’s former employer, asking for reimbursement for medical services it had provided to the ...
    [Tenet Healthcare Ltd. v. Unicare Health Plans of Texas, Inc., 2008 WL 5101558 (S.D. Tex. 2008)]
  3. Court Reverses Award of Penalties (Again)
    From the November 26, 2008 EBIA Weekly
    The disabled employee in this case continued to receive employer-sponsored health insurance coverage for himself and his wife for more than two years after he stopped working. (It was not clear why the coverage continued that long or when ...
    [Delcastillo v. Odyssey Resource Mgmt, Inc., 2008 WL 4163898 (8th Cir. 2008)]
  4. COBRA Election Notice Sent to Incorrect Address Supplied by Employee Was Adequate
    From the November 20, 2008 EBIA Weekly
    After a number of leaves of absence, the employee in this case was terminated by a letter from his employer mailed to a street address on “SE Truman” (spelled “Tru”). The employer notified its TPA of ...
    [Austin v. Jostens, Inc., 2008 WL 4642277 (D. Kan. 2008)]
  5. No Penalties for Late COBRA Notice Where Employer Acted in Good Faith and Qualified Beneficiary Was Not Prejudiced
    From the November 06, 2008 EBIA Weekly
    The employee in this employment termination dispute sought $110 per day penalties for her former employer’s failure to provide a required COBRA election notice for 199 days after her termination, making the notice 155 days late. (The employer ...
    [Miles-Hickman v. David Powers Homes, Inc., 2008 WL 4681947 (S.D. Tex. 2008)]
  6. Employer Was Not Required to Provide a COBRA Election Notice for Its Long-Term Disability Plan
    From the October 16, 2008 EBIA Weekly
    The terminated employee in this case sued her employer on a variety of employment-related issues, including failure to provide her a COBRA election notice. The employee apparently did not participate in an employer-sponsored health plan, but claimed that ...
    [Ernisse v. L.L. & G., Inc., 2008 WL 4499974 (D. Kan. 2008)]
  7. Hospital May Sue Health Plan for Misrepresenting That Coverage Was Available for Non-Paying COBRA Patient
    From the September 18, 2008 EBIA Weekly
    A hospital sued a health plan in state court for negligent and fraudulent misrepresentation after the plan refused to pay the hospital’s claim for services rendered to a COBRA qualified beneficiary. The hospital argued that it provided the ...
    [St. John's Mercy Health Sys. v. Healthlink, Inc., 2008 WL 4204721 (E.D. Mo. 2008)]
  8. Qualified Beneficiary's Incapacity May Extend Premium Payment Deadline and Require Reinstatement of COBRA
    From the September 04, 2008 EBIA Weekly
    The employee in this case was terminated from his job after filing an EEOC complaint under the Americans with Disabilities Act (ADA). The employee elected COBRA and made his initial premium payment on time. Before the deadline for the next ...
    [Manthos v. Jefferson Parish, 2008 WL 3914988 (E.D. La. 2008)]
  9. Healthcare Provider May Assert State-Law Claims Against Plan for Failure to Disclose Patient's COBRA Coverage Status
    From the August 21, 2008 EBIA Weekly
    When contacted by a healthcare provider to verify coverage of services for a patient, a representative of the ERISA health plan in this case confirmed that “they were covered.” However, the plan allegedly failed to disclose that the ...
    [Franciscan Skemp Healthcare, Inc. v. Cent. States Joint Bd. Health & Welfare Trust Fund, 2008 WL 2927347 (7th Cir. 2008)]
  10. Employer Did Not Violate State Law or Employment Agreement When It Withheld COBRA Premiums From Severance Pay
    From the August 14, 2008 EBIA Weekly
    When the terminated employee in this case sued his employer in state court raising numerous employment claims for wages and benefits, he claimed that the employer violated his employment agreement and state law when it withheld COBRA premiums from his ...
    [Tamborino v. Velocity Express, Inc., 2008 WL 2582529 (Conn. Super. Ct. 2008)]

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