"In Harold Ives Trucking Co. v. Spradley & Coker, Inc., 178 F.3d 523 (1999), the Court of Appeals for the Eighth Circuit affirmed a lower court's decision that the TPA was a plan fiduciary, despite language in its service agreement to the contrary. The Court held that the TPA 'assumed' discretionary authority when it reversed the stop-loss carrier's decision that the rehabilitation facility was not covered under the plan and then did not inform the plan administrator of this decision[.]"  MORE >>