"First, the court held that when Defendants collected and concealed allegedly excessive insurance premium surcharges from the employers, they were not exercising discretionary authority over plan management, and thus, were not acting as ERISA fiduciaries. Second, the allegedly excessive insurance premium surcharges paid by the employers for coverage under fully-insured health plans were not 'plan assets' ... [and thus] Defendants were not acting as fiduciaries when collecting, concealing, or spending the surcharges." [The Depot, Inc. v. Caring for Montanans, Inc., No. 17-35597 (9th Cir. Feb. 6, 2019)]  MORE >>