Guest meeh3704 Posted February 26, 2009 Posted February 26, 2009 I was wondering if anyone knows of any case, regulation, or advisory opinion that suggests that the mere act of calculating and paying benefits is not a fiduciary function.
J Simmons Posted February 26, 2009 Posted February 26, 2009 You might want to look at Guardsmark Inc v Blue Cross & Bluse Shield of Tenn, Civ No. 01-2117 (WD Tenn 2004), Chao v Day, #05-5050 (DC CA 1/24/2006), Briscoe v Fine, #05-5097/5101/5103/5104 (6CA 4/13/2006), and Coldesina v Estate of Simper, #04-4006 (10CA 5/19/2005). John Simmons johnsimmonslaw@gmail.com Note to Readers: For you, I'm a stranger posting on a bulletin board. Posts here should not be given the same weight as personalized advice from a professional who knows or can learn all the facts of your situation.
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