8TH CIRCUIT

As long as the plan provides for “full reimbursement,” “100% reimbursement,” “reimbursement to the extent of benefits paid,” or similar language, subrogating itself to all rights of recovery, made whole is defeated.  The Circuit does not require any special language to defeat the make whole doctrine.  Waller v. Hormel Foods, Inc., 120 F.3d 138 (8th Cir. 1997)

The make-whole doctrine does not carry over from the insurance context the Employee Retirement Income Security Act.  Administrative Committee of the Wal-Mart Stores, Inc. Associates’ Health and Welfare Plan v. James A. Shank, as Trustee of Deborah J. Shank Irrevocable Trust; Deborah J. Shank; Deborah J. Shank Irrevocable Trust, 500 F.3d 834, (8th Cir August 31, 2007)