context: The Court also places little evidentiary value in the facts that John Hancock retains discretion to defend suits brought against it under the Plan, and that it is compensated based on total claims paid under the Plan. Neither fact reveals the type of discretion over the disposition of plan assets consistent with an ERISA fiduciary.
citation_a.signal: see
citation_a.identifier: 721 F.Supp. 1233, 1243
citation_a.parenthetical: observing that cases in which service provider found to be fiduciary involved facts where service provider exercised broad control over plan assets
citation_a.sentence: See Useden v. Acker, 721 F.Supp. 1233, 1243 (S.D.Fla.1989) (observing that cases in which service provider found to be fiduciary involved facts where service provider exercised broad control over plan assets); see also Harris, 57 F.3d at 613 (ruling that claims administrator not fiduciary where lacked authority to decide disputed and nonroutine claims); Baxter, 941 F.2d at 456 (holding that claims processor that pays claims in accordance with terms of plan not ERISA fiduciary).
citation_b.signal: see also
citation_b.identifier: 941 F.2d 456, 456
citation_b.parenthetical: holding that claims processor that pays claims in accordance with terms of plan not ERISA fiduciary
citation_b.sentence: See Useden v. Acker, 721 F.Supp. 1233, 1243 (S.D.Fla.1989) (observing that cases in which service provider found to be fiduciary involved facts where service provider exercised broad control over plan assets); see also Harris, 57 F.3d at 613 (ruling that claims administrator not fiduciary where lacked authority to decide disputed and nonroutine claims); Baxter, 941 F.2d at 456 (holding that claims processor that pays claims in accordance with terms of plan not ERISA fiduciary).