Read FINK v. DAKOTACARE, 02-1679

Under COBRA amendments to ERISA, plaintiff was entitled to continuation coverage as her mother made a proper payment to an ERISA fiduciary in accordance with the plan in effect at the time the payment was made. Once she did so, it was up to the responsible ERISA fiduciary to apply that payment so that coverage was maintained.

Appellate Information

• Decided 03/31/2003
• Published 03/31/2003

Judges

• LOKEN, Circuit Judge., Before WOLLMAN, LAY, and LOKEN, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Counsel who presented argument on behalf of the appellant was Timothy W. Bjorkman, Bridgewater, SD.


• For Appellees:
  
• Counsel who presented argument on behalf of the appellee was Jeffrey A. Cole, Parker, SD.