Insurer An ERISA Fiduciary; Parity Act Claims Survive, Judge Says

Mealey's (March 15, 2021, 3:03 PM EDT) -- OAKLAND, Calif. — An insurer’s ability to make benefits decision qualifies it as a fiduciary, and the plan’s exclusion of primary treatment options for autism violates the Parity Act, a federal judge in California said March 5 in largely adopting the plaintiffs’ summary judgment arguments in an Employee Retirement Income Security Act case....