Made Whole Rule
11th Circuit
Circuit requires a plan to include “language specifically allowing the Plan the right of first reimbursement out of any recovery the participant was able to obtain even if the participant was not made whole.” Cagle v. Bruner, 112 F.3d 1510 (11th Cir. 1997).
If the Plan does disclaim the rule, the made whole rule is preempted. Blue Cross and Blue Shield of Alabama v. Sanders, 138 F.3d 1347, (11th Cir. 1998).
