"In a recent case, the provisions of a conflicting SPD may prevail. The case was sent back to the lower court because the error in the SPD was so significant that it could be found to be constructive fraud.... [Two other cases demonstrate there] are two primary situations for which plan fiduciaries can be liable for not disclosing information to plan participants.... Not telling a participant about a future benefit that is under serious consideration, knowledge of which would be material to the participant; and Leaving out information about a current benefit when the fiduciary knows that silence might be harmful."  MORE >>