COBRA Notice Suit Misfiled

October 15, 2004 ( - 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.

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).