When a former employee says a COBRA notice never arrived, courts don’t ask whether it was received. They ask whether you can prove it was sent. A recent federal decision shows what that proof looks like.
In Stroud v. Coca-Cola Consolidated (Aug. 4, 2026), a former employee said she never received her COBRA notice after her employment ended. The employer produced copies of the notices, dated and addressed to her last known address. It also had business records showing the notice was generated, given an estimated delivery date, and marked “delivered.” She argued that “delivered” might only mean the mailing vendor had finished printing the notice. The court rejected that argument because she offered no evidence that the usual mailing process wasn’t followed, and it granted summary judgment to the employer on the COBRA claim.
Why It Fits This Issue
The court noted that the employer and the plan administrator “share responsibility” for COBRA notices. As our Industry Updates article explains, “the carrier handles COBRA” can mean different things. When delivery is challenged, the employer needs clear records of what was sent and when, even if a vendor did the mailing.
What This Means for You
- Keep a copy of each notice exactly as it was sent, with the date and address on it.
- Keep mailing records for each person (when the notice was generated and mailed, and its status), not just a general description of how you usually mail notices.
- If a vendor or carrier sends your notices, confirm you can get those records when you need them.
IMS keeps these records for every notice we send on behalf of our clients.
Stroud v. Coca-Cola Consolidated, Inc., No. 3:25-cv-00733, 2026 WL 2243978 (W.D.N.C. Aug. 4, 2026)
