An employee whose wife suffered from breast cancer was terminated after a change of ownership of the company. He asked whether their health insurance would continue, and was told verbally that it would. Nine months later when his wife sought treatment, she was advised the policy had been terminated. He and his wife sued for a violation of COBRA. The court should rule:
A) for the employer, since it was a new owner, and not the employer of the employee.
B) for the employer, since the employee never requested in writing that their insurance be continued
C) for the employee, since he was not given notice of his COBRA rights in writing
D) for the employee's wife, because she was also an insured, but was given no notice of her COBRA rights
Correct Answer:
Verified
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