TPA’s Beware of Fiduciary Liability

I read with interest Steve Polino’s “From the Bench” column in the February 2013 issue of The Self-Insurer and agree that the court finally got it right. Hopefully all TPAs will take note of this Fifth Circuit Court decision and adjust their administrative practices accordingly. While some may argue this was a narrow decision, I have contended that ever since ERISA was passed in 1974 this type of finding of TPA fiduciary liability by the courts may become the new norm.

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