EBIA Weekly Archives - COBRA - Court Cases
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Results (265 articles found)
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- COBRA Qualified Beneficiaries Can Sue for Failure to Provide Notice Without Exhausting Plan Remedies
- From the September 27, 2007 EBIA Weekly
- The employees in this case sued their employer for failure to provide COBRA election notices following their departures. They never contacted their employer (the plan administrator) to inquire about their COBRA notices, and their lawsuit was the employer’s ...
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- No COBRA Penalties Awarded for Missing Information in Election Notice Where Employee Was Not Harmed
- From the August 23, 2007 EBIA Weekly
- The employer in this case provided its terminated employee with a COBRA election notice, and the employee elected COBRA. The employee later sued her former employer on a number of employment-related bases, including COBRA. On the COBRA claim, she ...
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- COBRA Premiums for Reinstated Coverage Were Not Due Until Qualified Beneficiary Learned of Reinstatement
- From the August 16, 2007 EBIA Weekly
- A health plan sent several notices to a qualified beneficiary receiving COBRA coverage. The first notice informed her that the plan had terminated her COBRA coverage. The second notice informed her that her coverage was reinstated, and a later notice ...
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- Absent Direct Evidence That SMM Was Actually Mailed, Court Rejects General Evidence Regarding Mailing Procedures
- From the August 02, 2007 EBIA Weekly
- The participant in this case was terminated after becoming disabled due to a non-work-related injury. About a year before the participant was injured, his company’s group health plan had been amended to remove a provision under ...
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- Employee's Knowledge of COBRA Rights Does Not Excuse Employer's Obligation to Provide Election Notice
- From the July 17, 2007 EBIA Weekly
- The employee in this case (who was responsible for managing his employer’s health plan) sued his employer for penalties under COBRA, claiming that the employer failed to provide him with a COBRA initial notice when he commenced employment ...
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- Small Employer That Offered COBRA to One Employee May Be Estopped From Claiming It Is Not Subject to COBRA
- From the July 05, 2007 EBIA Weekly
- Can an employer with fewer than 20 employees (i.e., one that falls within the small employer exception to COBRA) nevertheless be obligated to provide COBRA? In this decision, the Sixth Circuit holds that it can—if the individual ...
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- Gross Misconduct Requires More Than Mere Negligence or Incompetence
- From the June 21, 2007 EBIA Weekly
- The employee in this case was terminated for repeated episodes of disorientation, slurred speech, and dizziness, which allegedly resulted from her misuse of prescription drugs, rendering her unable to perform her job and creating an unsafe workplace. She sued her ...
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- Plan Provision Making Separated Spouses Ineligible for Coverage Did Not Violate ERISA or COBRA
- From the June 14, 2007 EBIA Weekly
- The plaintiff in the case was the spouse of a covered participant in an ERISA health plan. After the couple separated and began living at different addresses, the spouse called to notify the plan of her new address. The plan ...
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- No Good-Faith Compliance With COBRA If Election Notice Knowingly Sent to Old Address
- From the June 07, 2007 EBIA Weekly
- Among other claims in this employment discrimination case, the employee asserted that she had not been properly notified of her COBRA rights. Specifically, she alleged that even though she called her former employer with her new mailing address, the TPA ...
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- Telling Employee Incorrect Waiting Period Violated ERISA, But Later Failure to Offer COBRA Was Not a Violation
- From the May 31, 2007 EBIA Weekly
- A newly hired employee received a notice advising that he would become eligible for his employer’s health insurance plan only after completing a 90-day waiting period. The employee submitted an enrollment form shortly after completing the 90-...
