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Miscommunication Between Employer and Insurer About Employee’s Medical Leave Causes Loss of Coverage -- and a Lawsuit
Thomson Reuters / EBIA
Nov. 25, 2020 "Because the plan required the company to notify the insurer regarding changes in eligibility, the court concluded that the employer could have been acting as a functional fiduciary with respect to the eligibility decision. But finding a genuine dispute as to whether the insurer or the employer was ultimately responsible for the erroneous decision to deny coverage, the court allowed the case to proceed." [Schmidt v. Overland Xpress, LLC, No. 12-0397 (S.D. Ohio Sep. 28, 2020)] MORE >> |
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