Legal Opinion
Lutheran Hospital of Indiana, Inc. v. Business Men's Assurance Co. of America
Court of Appeals for the Seventh Circuit
Decided March 20, 1995No. 94-2731PublishedCited by 1 opinion
1Opinion of the Court
CUMMINGS, Circuit Judge.
The issue in this case is whether a laid-off employee is ineligible for COBRA continuation health care coverage because of her preexisting coverage under the group health plan provided by her husband’s employer.
Background
In 1986 Congress passed the Consolidated Omnibus Budget Reconciliation Act (“COBRA”), which amended the Public Health Service Act (“PHSA”), the Employee Retirement Income Security Act (“ERISA”) and the Internal Revenue Code (“the Code”). The COBRA amendments to ERISA, 29 U.S.C. §§ 1161-1168, provide that individuals who lose coverage under their…
2Cases cited9 opinions
- Ernst & Ernst v. HochfelderSupreme Court of the United States · 1976
- Branch v. G. Bernd Co.Court of Appeals for the Eleventh Circuit · 1992
- Gustavo Castellon-Contreras v. Immigration and Naturalization ServiceCourt of Appeals for the Seventh Circuit · 1995
- Mogretta McGee v. Pete Funderburg, as Trustee for Plumbers & Pipefitters Local 665 Health and Welfare FundCourt of Appeals for the Eighth Circuit · 1994
- National Companies Health Benefit Plan, Trust Agreement for the National Companies Health Benefit Plan, Alfred A. Davis, in His Capacity as Trustee, Michael C. Carlos, in His Capacity as Trustee, Plaintiffs-Counterclaim v. St. Joseph's Hospital of Atlanta, Inc., Defendant-Crossclaim Medical and Dental Plan, for Employees of St. Joseph's Hospital of Atlanta, Inc., Defendant-Crossclaim Defendant-Counterclaim Plaintiff-Crossclaim Robert S. Hersh, Janet Hersh, Individually and in Their Capacities as Parents and Legal Guardians of Caitlyn Hersh, Jonathan Hersh, and Amanda Hersh, Amanda Hersh, Jonathan Hersh, and Caitlyn Hersh, Defendants-Counterclaim Plaintiffs-Crossclaim Plaintiffs-Crossclaim Robert S. Hersh, Janet Hersh, Individually and in Their Capacities as Parents and Legal Guardians of Caitlyn Hersh, Jonathan Hersh, and Amanda Hersh, Amanda Hersh, Jonathan Hersh, and Caitlyn Hersh v. National Distributing CompanyCourt of Appeals for the Eleventh Circuit · 1991
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Lutheran Hospital of Indiana, Incorporated, Mary L. Isch and William A. Isch, and Saint Joseph Medical Center, Intervening v. Business Men's Assurance Company of America, Acordia Local Government Benefits, Incorporated, Associated Insurance Companies Incorporated, Doing Business as Blue Cross/blue Shield of Indiana v. Teamsters Local 135 Welfare FundCourt of Appeals for the Seventh Circuit · 1995