EBIA Weekly Archives - COBRA - Court Cases

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Results (257 articles found)


  1. 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)]
  2. 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)]
  3. 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)]
  4. 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)]
  5. 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)]
  6. 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)]
  7. 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)]
  8. 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)]
  9. 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)]
  10. 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)]

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