obligations under the plan but i don't see any  you have found that a good faith effort is always necessary to comply with congress you know this requirements in fact there was no guidance on the internet why no this was required and till may of this year when the regulations were finalized as nearly twelve or eleven years after gene edwards planning minister provided notice to mr class for john edwards testify that she believes that medical benefits are very important she provided the cost of the benefits to mr clapper how long he would get coverage how long his dependents would get coverage and she testified that she knew the importance of that notice she was at a disadvantage because the original manual  was provided i directed her to the election notice instead of the notification form which were two different forms it had on great west manual she proceeded under that theory later corrected it uniform federal law that allows employers to provide benefits to employees and that they do so knowing that one law control controls one law is going to be was an issue and in this situation an center contracted for the rest of it would have stopped last arranged for any cash traffic injury over thirty five thousand dollars but then it turned out that after going all the way through the  refused to allow us to provide this coverage in the situation small employers like anchorage has a center that has one hundred twenty employees we have a harder and harder time providing health benefits because you cannot contract against the exact risk you'll were to lose in a lower court it would have this judgment against it and it trial i have not been challenged by anchorage chrysler and key among those findings are that they recognize that they have the duty to provide cobra notice to their employees and we breathed in our you know the fact that a plan sponsor such as a c c is a logical choice it's the way it normally works because they know when their employees are leaving their employ and so they are c is really angry and that is basically they're angry that the fact that they have the wrong impression at the time the spot on that human factor going to contribute and then that's when litigation choices based on that and normally and that circumstance that one of and and of course what happened is initially a c c felt that it had given proper notice that subsequently it was determined they hadn't provided proper cobra notice which was stop loss obligation all it said is we agree that you you know your letter actually states the conversation and it went on from there and then it wasn't long thereafter that great west was siri i think what we're dealing with is a commercial contract between an employer and the company that provides administrative primarily provides administrative services in processing health plans and then has these subsidiary aggregate or stop loss issues so there's that component of insurance in the deal but it's mainly and ministry of claims processing function and under which the fort which is a case that we refer to as our grief it's very important to hear that this is a situation where the employer can basically the plan administrator who was in the school be charged with this notice responsibility and created a advised that they needed to defend the suit because this is thought this is not a defense contractor relationship between agency and great well known if there is a possibility that i understand the relationship but there  i guess i don't understand what you're saying happened in amherst nation and i think that's what i'm trying to get at with my questions what did you tell him to do assurances or what requests break would have made i think what happened is we had a conversation and they had asked this week i think we're at the point where we had gotten out contract but it was their obligation to defend the arista claims being pursued against them via chapter and i think that's all that this was your honor and they threw their own separate counsel continued to right and and i'm somewhat caught off guard because it's an it's not something that was an issue down below it's just so funny planned a c c as the primary ensure not so jack straight west to a large claim above thirty five thousand dollars anchorage chrysler center litigated the playing and try to lessen great west exposure and great westcott of her answers for th did provide notice just to make that clear it provided the election form that it was directed to in the first manual by a great west that was a typo and then john edwards testify that she couldn't recollect that she read the second manual which are two completely different manuals the first manual had a typo and she read that manual and it directed her to the election form for both noticed an election and then and so that is something that was raised below when anchorage chrysler center stated that there was no games in opening argument i was he was not told that he had sixty days in which to a lets you got all the emperor other information he needed and certainly both he and mrs edwards testified that what was important to him was the cost of the insurance coverage that's all he cared about and he got that information