Made Whole Rule
6TH CIRCUIT
A plan provision must disclaim the made whole rule by specifically stating that full reimbursement is required even if the member was not made whole; establish both a priority to the funds and a right to any payment – parital or full. Copeland Oaks v. Haupt, 209 F.3d 811 (6th Cir. 2000)
Subrogation language not achieving both will not prohibit application of the made whole rule. Hinley Printing Co. v. Brantner, 243 F.3d 956, (6th Cir. 2001)
The Plan may enforce clear terms of the Plan Document and avoid the Made Whole doctrine. Findlay Industries, inc. v. Bohannon, 07-1210 (N.D. Ohio, Aug. 14th, 2007)
