EBIA Weekly Archives - COBRA - Court Cases
Below is a list of EBIA Weekly articles in the category you selected.
To change or refine the scope of the articles listed, select a category below or perform a search in the column to the left.
We provide free access to our search engine and to the list of search results. The list will include the headline and an excerpt from each EBIA Weekly article that is retrieved as a result of your search.
To view the full text of an article, you must be a Premium Access subscriber.
per page:
Results (235 articles found)
-
- 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 ...
-
- 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 ...
-
- 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 ...
-
- 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 ...
-
- 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 ...
-
- 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 ...
-
- 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 ...
-
- 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 ...
-
- 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 ...
-
- 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 ...
