EBIA Weekly Archives - COBRA - Court Cases
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Results (265 articles found)
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- Loss of Coverage for Failure to Pay Premium While on Leave Not a Qualifying Event
- From the December 21, 2006 EBIA Weekly
- The employee in this case took a medical leave of absence pursuant to his employer’s short-term disability policy. The employer’s health plan provided that an employee on disability leave must pay the premium for coverage; ...
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- In Order to Elect COBRA, Qualified Beneficiary Who Received Late Election Notice Must Pay Premiums for Retroactive Period
- From the December 21, 2006 EBIA Weekly
- This case involves an employee who did not receive a COBRA election notice until seven months after he was laid off. (The election notice initially prepared by the employer was sent to the wrong address; another notice was sent after ...
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- Existing COBRA Qualified Beneficiaries Entitled to Coverage Under Employer's New Health Insurance Coverage
- From the December 07, 2006 EBIA Weekly
- When the employee in this case was terminated near the end of the year, his employer provided the required COBRA election notice and the employee timely elected COBRA coverage for himself and his spouse, paying the first month’s ...
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- Prescription Drug Abuse That Rendered Employee Unable to Work and Created Unsafe Work Place Is Gross Misconduct
- From the November 30, 2006 EBIA Weekly
- After working in a commercial kitchen for two years, the employee in this case was terminated for repeated episodes of disorientation, slurred speech, and dizziness, which rendered her unable to perform her job and created an unsafe workplace. The employer ...
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- Employee's Notice of Qualifying Event Triggers Plan's Election Notice Obligation, Even If Employee's Notice Is Not Accurate
- From the November 16, 2006 EBIA Weekly
- The husband and wife in this case agreed under a separation agreement to remain separated for six months before divorcing so the wife could stay covered by the husband’s employer-sponsored health plan. At the end of the ...
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- Mere Existence of Computerized Notice System Not Enough to Satisfy COBRA
- From the November 02, 2006 EBIA Weekly
- Terminated for poor performance, the medical assistant in this case sued her employer claiming that she had never received a COBRA election notice. In this trial addressing COBRA notice penalties, the employer contended that it had sent the notice, offering ...
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- Employer May Have Been Plan Administrator Even Though Plan Designated Committee as Plan Administrator
- From the October 19, 2006 EBIA Weekly
- The employees in this case sued their bankrupt employer and its directors and officers for breach of fiduciary duty based on failure to fund benefit plans (as allegedly required by plan provisions) and failure to provide adequate COBRA notices when ...
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- No Statutory Penalties for Employer That Wrongly Refused to Offer COBRA Based on Alleged Gross Misconduct by Employees
- From the October 12, 2006 EBIA Weekly
- In this tumultuous employment dispute, three individuals were fired from the private school where they worked after accusing the school’s director of financial improprieties. The school denied them COBRA, contending they were guilty of gross misconduct (and, for ...
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- Court Lets Claim for COBRA Coverage Following Medical Leave Continue Where Date of Qualifying Event Was in Dispute
- From the October 12, 2006 EBIA Weekly
- In June 2004 the employee took a medical leave of absence from her job with the county. In November 2004 she received a letter notifying her that her health premiums were overdue and that her benefits would be discontinued effective ...
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- Insurer Did Not Agree to Be Plan Administrator and Was Not Responsible for COBRA Notice
- From the October 05, 2006 EBIA Weekly
- In a very short, preliminary decision in this COBRA lawsuit, the court dismissed the COBRA notice and ERISA fiduciary breach claims brought by a former employee against his employer’s group health plan insurer. The court held that because ...
