EBIA Weekly Archives - COBRA - Court Cases

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Results (265 articles found)


  1. Employer Loses Bid to Avoid Trial on Alleged Failure to Provide COBRA Initial and Election Notices
    From the May 28, 2009 EBIA Weekly
    An employee voluntarily resigned and then brought numerous claims against his employer, including claims that the employer never provided COBRA initial notices (to him or his spouse) while he was employed or COBRA election notices (to him, his spouse, or ...
    [Cepeda-Hernandez v. First Transit, Inc., 2009 WL 1309723 (D.P.R. 2009)]
  2. Election Notice Sent to Last-Known Address of Employee Terminated After Medical Leave Complied With COBRA
    From the May 21, 2009 EBIA Weekly
    The employee in this case, who worked in the stockroom of a shoe store, took repeated leaves of absence after he was injured when a ladder fell and hit him on the head while he was working. He was eventually ...
    [Turner v. Adidas Promotional Retail Operations, Inc., 2009 WL 901487 (N.D. Ill. 2009)]
  3. COBRA Notice Was Sufficient Despite Employee's Claim That He Never Received It
    From the May 14, 2009 EBIA Weekly
    A terminated employee brought numerous claims against his employer, including a claim that his employer did not provide a COBRA election notice when he was terminated. The employer maintained that a COBRA election notice was timely mailed to the employee ...
    [Chesney v. Valley Stream Union Free School Dist., 2009 WL 936602 (E.D.N.Y. 2009)]
  4. COBRA Initial Notice Provided to New Employee Within 19 Days of Becoming Covered by Group Health Plan Was Timely
    From the May 07, 2009 EBIA Weekly
    Along with several other claims asserted in this employment dispute, the employee alleged that his former employer had not provided a timely COBRA initial notice and that his enrollment date under the employer’s health plan should have occurred ...
    [Moon v. Ozark Health, Inc., 2009 WL 737321 (E.D. Ark. 2009)]
  5. COBRA Not Required Following Sham Termination of Employment
    From the April 30, 2009 EBIA Weekly
    The employee in this case worked for an employer that received payroll and human resources services from an employee leasing organization. The employee participated in a health plan sponsored by the leasing organization, premiums for which were deducted from his ...
    [Powell v. Strategic Outsourcing Inc., 2009 WL 746253 (S.D. Tex. 2009)]
  6. No Penalties for Employer That Did Not Provide COBRA Election Notice for Life Insurance Plan
    From the April 23, 2009 EBIA Weekly
    After a life insurance plan participant died, his beneficiaries sued his employer, seeking death benefits under the plan and statutory penalties for failure to provide a COBRA election notice. The beneficiaries argued that the employer violated COBRA when it failed ...
    [Noel v. Laclede Gas Co., 2009 WL 890118 (E.D. Mo. 2009)]
  7. COBRA Notice Stopped Accrual of Penalties, Even Though Employer Later Issued Revised Notice
    From the April 16, 2009 EBIA Weekly
    The employee in this case was terminated and, during her exit interview, was told that she would be eligible for COBRA benefits, but was not provided an election notice. More than two months later, the employer, who was also the ...
    [Fiveash v. Commerce Lexington Inc., 2009 WL 331387 (E.D. Ky. 2009)]
  8. Health Plan Insurer Could Not Terminate COBRA Coverage When Qualified Beneficiary Became Covered Under Medicaid
    From the February 12, 2009 EBIA Weekly
    A mother sued her health plan insurer after it denied medical benefits for her minor son, who incurred overwhelming medical expenses after a near drowning accident. The son was a COBRA qualified beneficiary who had elected COBRA coverage under the ...
    [Mellor v. Wasatch Crest Mut. Ins. Co., 2009 WL 172773 (Utah 2009)]
  9. Retirees Offered Retiree Coverage Different From Active Coverage Experience a COBRA Loss of Coverage That Triggered Obligation to Provide Election Notices
    From the January 15, 2009 EBIA Weekly
    This case involved a group of hospital employees, who retired early with health coverage that was to be 100% employer-paid until age 65 but that terminated when the hospital was later sold. Although the problem was corrected (and unreimbursed ...
    [Phillips v. Wythe County Cmty. Hosp., 2008 WL 5382288 (W.D. Va. 2008)]
  10. No Award Where Qualified Beneficiary Suffered No Actual Harm From Late Election Notice Because He Could Not Afford COBRA
    From the January 08, 2009 EBIA Weekly
    After a medical leave of absence, the employee in this case was terminated and was offered long-term disability based on the employer’s assessment that he was unable to return to work. The employee sued the employer on ...
    [Golez v. Kerry, Inc., 2008 WL 5411493 (N.D. Cal. 2008)]

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