Dep. 91:16-19 (“The interpretations come in with experimental, medical necessity, those types of issues. That’s where it can get a little gray.”). 22 . Designing the computer buildout also inevitably involved choices that required the exercise of discretion. For example, BeneFirst claims examiner and plan builder Carrie Red-die testified that she erred on the side of caution when doing programming work on the computerized system: “[A]t the very least I would set it up to deny. At the worse case scenario they could come back and say, 'no, that's supposed to pay.' I would err on the side of building it to deny rather than pay.” (ReddieDep. 99:10-14). 23 . That is apparently true despite the absence of the word “discretionary” from that prong of the statute. Cf. IT Corp., 107 F.3d at 1419 (<HOLDING>). 24 . As Dobens testified: “We would receive
holding that even though the summary plan description did not include discretionary language the grant of discretionary authority in the plan controlled holding that the puc does not have the authority to regulate or control the management decisions of a utility absent a finding that the management decision would adversely affect the public holding that state action is present when the state exercises coercive power over is entwined in the management or control of or provides significant encouragement either overt or covert to a private actor holding that pharmaceutical benefit management companies are generally not erisa fiduciaries because they lack discretionary authority or control in the management of the plan but rather engage in ministerial duties holding that theterm discretionary does not apply to the phrase exercises any authority or control respecting management or disposition of plan assets