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Bates & Company, Inc.
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AimPoint Pension
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State Bad-Faith Claims Related to COBRA Coverage Are Preempted, Courts Rule
Thompson Publishing Group Sept. 17, 2001
Excerpt: In benefits disputes, some aggrieved qualified beneficiaries allege that an employer or insurer acted under the state-law concept of 'bad faith' and sue in state court. However, two recent court cases indicate that such claims are preempted by ERISA because they related to the COBRA coverage provided under an ERISA plan.
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