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TPA Escapes Liability for Sending COBRA Notice to Employee's Former Address, But Claims Proceed Against Employer
Thomson Reuters / EBIA 
Nov. 3, 2022 "The court rejected the employer's argument that it had complied with its statutory duty because it had delegated to its TPA the obligation to mail COBRA notices. Stating that the delegation did not absolve the employer of liability, the court allowed the case to proceed to trial for the determination of whether the employer attempted in good faith to notify the employee of her COBRA rights ... In contrast, the court ruled in favor of the TPA, finding that it had no statutory liability or fiduciary responsibility toward the employee[.]" [Howard v. Ivy Creek of Tallapoosa, LLC, No. 20-0213 (M.D. Ala. Sep. 22, 2022)] |
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