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Here's How Heimeshoff Could Affect COBRA Limitations Periods
HR Daily Advisor Link to more items from this source
Jan. 23, 2014
"Perhaps a more interesting question from a COBRA perspective is which statute of limitations should apply for claims seeking to impose COBRA late notice penalties. The COBRA cases that have considered this question have applied state-law statutes of limitations of various sorts, including those for unfair insurance-related practices, breach-of-contract cases, state-law penalty statutes, etc. The open question after Heimeshoff is whether a plan could define its own 'statute of limitations' for bringing COBRA notice penalties."

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