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Subrogation Remedy Inadequate To Preserve Plan's Reimbursement Claim
Health Plan Law
July 25, 2007
Excerpt: In the continuing saga of permissible relief under ERISA Section 502(a)(3), the Mills case adds another short, but likely misleading, chapter. The plan's actions to preserve its reimbursement claims fell short of decisive. Furthermore, the actions that were taken did not advance claims cognizable under Section 502(a)(3) in the view of the court.
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