United States Eighth Circuit

In a suit claiming that plaintiff lost the opportunity to extend her health insurance coverage because defendant-health plan administrator failed to give her statutory notice required by COBRA, summary judgment for defendant is reversed as defendant did not show that it kept records of notices that it had given, and did not provide anything to indicate that its mailing system was reliable and that the system was followed.

Appellate Information

• Decided 08/01/2006
• Published 08/01/2006

Judges

• ARNOLD, Circuit Judge., Before ARNOLD, LAY, and COLLOTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Thomas E. Brady, argued, Spearfish, SD, for appellant.


• For Appellees:
  
• Lisa H. Marso, argued, Sioux Falls, SD (Thomas J. Welk, on the brief), for appellee.