Phia Group Russo & Minchoff

Made Whole Rule

3RD CIRCUIT

The made whole rule will be presumed not to apply unless a plan specifically states that it will apply, or if it is otherwise ambiguous regarding the scope of reimbursement required.  Bollman Hat Co. v. Root, 248 F.3d 206, 220 n.13 (3d Cir. 2001)

Where the language of an ERISA qualified, self-funded plan is clear, the Court will not apply a made whole rule. Bill Gray Enterprises, Inc. Employee Health & Welfare Plan v. Gourley, 248 F.3d 206, (3rd Cir. 2001)

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