Subrogation Clause

[ERISA-Bubs]

We have a plan that has two subrogation clauses. One was in effect when the initial claim came through and the current one was in effect when the matter was settled. The terms do not clearly state which clause to use. Does anyone know of any guidance or general practice on how to handle this?

[Guest Hove]

We have a plan that has two subrogation clauses. One was in effect when the initial claim came through and the current one was in effect when the matter was settled. The terms do not clearly state which clause to use. Does anyone know of any guidance or general practice on how to handle this?

The plan's right to subrogation arose when it made payment, presumably shortly after the accident. Whichever provision was in force at that time is the one under which the plan should claim its subrogation rights.