Made Whole Rule
D.C.
NOT ADDRESSED IN CIRCUIT
NOTEWORTHY DISTRICT COURT CASES: When a plan’s language includes a right to recover from all amounts recovered it has first priority to funds and defeats any made whole argument. Allocation of proceeds to something other than medical expenses cannot be used to avoid the subrogation claim. Moore v. Blue Cross and Blue Shield of the National Capital Area, 70 F.Supp.2d 9, (D.D.C. 1999).
