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6th Cir.: Make-Whole Rule Prevents Enforcement of Ambiguous Subrogation and Reimbursement Provisions
U.S. Court of Appeals for the Sixth Circuit via FindLaw 
[Opinion] Mar. 27, 2001 Hiney Printing Co. v. Brantner, No 99-4535, 00-3012 (6th Cir. March 16, 2001). Excerpt: Where the subrogation and reimbursement provisions under ERISA plan are ambiguous, the make-whole rule prevents their enforcement, but employee failure to make a proper request for ERISA plan documents under 29 USC 1132(c)(1) precludes an imposition of fines against employer. MORE >> |
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