Made Whole Rule
10TH CIRCUIT
In Alves v. Silverado Foods, Inc., 6 Fed.Appx.694, No. 00-5011, (10th Cir. 2001), The court weighed the language against competing made whole standards in other circuits; a plan should at least provide for “full reimbursement,” “100% reimbursement,” or “reimbursement to the extent of benefits paid,” or similar language. The made whole rule is the default rule, unless explicitly disclaimed.
