of the Retained Assets Edmonson also argues that Lincoln breached its fiduciary duties when it invested the retained assets for its own benefit. She contends this act is governed by ERISA because it involved the management or administration of a plan or, alternatively, the exercise of authority or control over plan assets. She argues Lincoln’s decision to invest the retained assets for its own profit violated its duty of loyalty. 1. As noted, Edmonson contends the investment of the retained assets involved the management or administration of the plan. Lincoln argues that it was no longer managing or administering the plan once it set up the SecureLine Account, but rather was in a creditor-debtor relationship with Edmonson when it invested the retained assets. See Faber, 648 F.Bd at 105 (<HOLDING>). Lincoln analogizes its relationship with
holding the insurance company discharged its fiduciary duty when it established the retained asset account in accordance with the insurance policy holding that insurance company operating under a reservation of rights had the right and the duty to control the defense until such time as it was determined that it had no liability insurance coverage holding that legal injury occurred for purposes of negligence action against insurance agent when insurance company rejected the claim holding that even if an insurance broker is the agent of the insurance company for purposes of soliciting and procuring the policy that would not necessarily make the broker the agent of the insurance company for the purpose of receiving notice of suits and claims holding that under georgia law a holder of a master insurance policy is an agent of the insurance company and not the insurer