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4 page analysis. Excerpt: In light of Sereboff, plans seeking to enforce subrogation provisions in plan documents are likely to intervene in underlying tort actions brought by plan participants that are pending in federal court or file injunctive actions in federal court under ERISA § 502(a)(3) to preserve their rights to recovery. Plans that, in light of Knudson, have deleted subrogation and recoupment provisions are likely to amend their documents to include such provisions again.
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