Opinion
No. 4:02CV328-DJS
June 26, 2003
ORDER
Now before the Court is defendant's motion to strike extracontractual damages from Count X of plaintiff's second amended complaint. In Count X, plaintiff alleges that defendant violated the Comprehensive Omnibus Budget Reconciliation Act of 1986 ("COBRA"), 29 U.S.C. § 161 et seq., by failing to remit plaintiff's timely monthly payments for her COBRA health insurance premiums to defendant's health insurance carrier from October 2001 through January 2002, resulting in the termination of plaintiff's health care coverage and emotional and mental distress from subsequent billing problems. Defendant asserts that "Plaintiff's demand for emotional distress, punitive and compensatory damages under Count X must be stricken because Plaintiff cannot recover non-contractual relief as damages under COBRA.'7 Motion to Strike [Doc. #38], p. 1.
COBRA amended the Employee Retirement Income Security Act of 1974 TERISA"), 29 U.S.C. § 1001 et seq. See Smith v. Genelco, Inc., 777 F. Supp. 750, 752-53 (E.D.Mo. 1991).
In her opposition, plaintiff points out that she is seeking the same relief in Count IX, an ERISA claim, as in Count X, but that defendant did not move to strike the Count IX damages. Plaintiff also asserts that punitive damages are allowable in that the statutory penalty provision found in § 1132(c)(1) of ERISA is punitive in nature. In its reply, defendant requests that the Court strike the emotional distress, punitive, and compensatory damages sought by plaintiff in Count IX, in addition to those sought in Count X. Because defendant requested only in its reply brief that the Court strike the extracontractual damages in Count IX, and plaintiff did not have an opportunity to respond to the specific arguments and case law cited in the reply, the Court declines to address Count IX at this time.
COBRA violations are enforced under the exclusive ERISA civil enforcement remedies of 29 U.S.C. § 1132. Hamilton v. Mecca, Inc., 930 F. Supp. 1540, 1554 (S.D.Ga. 1996) (citations omitted);Mathis v. American Group Life Ins. Co., 873 F. Supp. 1348, 1359-60 (E.D.Mo. 1994) (citations omitted). Punitive, compensatory, and other extracontractual damages are not available under COBRA. See, e.g., Geissal v. Moore Medical Corp., 158 F. Supp.2d 976, 981 (E.D.Mo. 2001) (citations omitted); Mathis, 873 F. Supp. at 1359-60; Powell v. Bob Downes Chrysler-Plymouth, Inc., 763 F. Supp. 1023, 1027-28 (E.D.Mo. 1991) (citations omitted). Extracontractual damages under ERISA are those damages that are "`other than the payment of benefits owed under a plan." Howe v. Varity Corp., 36 F.3d 746, 754-55 (8th Cir. 1994). A plaintiff's damages are limited to the contractual benefits owed under COBRA. See Hamilton, 930 F. Supp. at 1554 (citations omitted); Van Hoove v. Mid-America Building Maintenance, Inc., 841 F. Supp. 1523, 1536 (D.Kan. 1993) (citations omitted). Based on the foregoing, the Court will grant defendant's motion.
Under certain circumstances, a plaintiff may be entitled to the statutory penalties provided under 29 U.S.C. § 1132(c)(1).
Accordingly,
IT IS HEREBY ORDERED that defendant's motion to strike extracontractual damages from Count X of plaintiff's second complaint [Doc. #38] is granted in that the emotional distress, punitive, and compensatory damages sought by plaintiff in Count X are hereby stricken.