Silver Cross Hospital participated in AUL group annuity contract sponsored by the Illinois Hospital Association. At AUL’s recommendation, Silver Cross switched to new contracts. AUL did not disclose that by changing from the IHA contract, Silver Cross would be giving up a substantial market value adjustment in favor of the plan, and would be agreeing to a formula surrender charge. Pursued ERISA fiduciary action to recover plan losses and AUL profits. Silver Cross Hospital v. American United Life Ins. Co., 255 F.3d 374 (7th Cir. 2001).

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