"The court determined that the employer was not a plan fiduciary for purposes of making claims determinations, and therefore could not rely on [ERISA section 502(a)(3)] to sue the fiduciary that held such authority (i.e., the insurer). The court noted that even if the employer was considered to be a fiduciary, ERISA does not afford a fiduciary the right to sue if the relief sought can be obtained directly by the participant under 502(a)(1)(B) ... Thus, an employer's leverage, if any, to pressure insurers to pay benefits rests with the power to move the business to a different insurer." [Duda v. Standard Ins. Co., No. 12-1082 (E.D. Penn. Apr. 30, 2015)]  MORE >>