It will take time and further court proceedings to know the true impact of a recent U.S. Supreme Court decision involving ERISA litigation, but at least one fiduciary liability insurer has no immediate changes planned to react to the decision.

The Supreme Court decision in LaRue vs. DeWolff, Boberg & Associates handed down Feb. 20 this year, basically clears the way for individuals to sue their 401(k) providers for money damages under ERISA on behalf of themselves rather than the plan as a whole, according to legal experts.

While opinions on the impact of the case vary widely–with some saying it is a landscape-changer, and others saying it changes little–some key future interpretations on unanswered questions may be the determining factors regarding the ultimate effect of the decision on insurers, fiduciaries and 401k participants, they say.

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