decision to accept or reject” changes to the overall menu that affect existing plan investments. Department of Labor Pension & Welfare Benefit Programs, Op. 97-16 A, 1997 ERISA LEXIS 17, at *15 (May 22, 1997). To meet that standard, the DOL states that a Plan must receive “advance notice of the change, including any changes in the fees received, [be] afforded a reasonable period of time within which to decide whether to accept or reject the change and, in the event of a rejection, secure a new service provider.” Id. These measures would indicate that the Plan has the final authority on which investment options are available, which is the key factor that courts have focused on when addressing this theory of fiduciary status. In Hecker v. Deere, the Seventh Ci d 156, 161 (D.Conn.2006) (<HOLDING>). Another court has held that a plan service
holding that insurance company may be a fiduciary where it expressly retained the authority to delete and substitute mutual funds from the list of available options holding that a broker may be a statutory agent for an insurance company pursuant to section 626842 florida statutes 1989 or be clothed with actual or apparent authority so that the brokers acts may be binding on the insurance company 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 the insurance company discharged its fiduciary duty when it established the retained asset account in accordance with the insurance policy holding that insureds failure to list his brother as a member of the household was a material misrepresentation that provided the insurance company with grounds to rescind the policy