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Compliance October 15, 2004
COBRA Notice Suit Misfiled
October 15, 2004 (PLANSPONSOR.com) - A federal judge
has thrown out a lawsuit over inadequate continuing health
coverage notices under the Consolidated Omnibus Budget
Reconciliation Act (COBRA), saying it was filed against the
wrong party.
Reported by Fred Schneyer
The judge in the US District Court for the District of Minnesota ruled that Foster Klima & Co. didn’t have an obligation to provide the COBRA notice so the court agreed with the employer and dismissed the case.
The entity the employee should have sued was Guardian Life Insurance Company – the defendant employer’s plan administrator.
The case is Plante v. Foster Klima & Co., 2004 U.S. Dist LEXIS 19725 (D. Minn. 2004).