"Because the plan required the company to notify the insurer regarding changes in eligibility, the court concluded that the employer could have been acting as a functional fiduciary with respect to the eligibility decision. But finding a genuine dispute as to whether the insurer or the employer was ultimately responsible for the erroneous decision to deny coverage, the court allowed the case to proceed." [Schmidt v. Overland Xpress, LLC, No. 12-0397 (S.D. Ohio Sep. 28, 2020)]  MORE >>