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Subrogation Claim Reaches UIM Coverage but Fails to Avert Make Whole Defense
Health Plan Law
Nov. 15, 2006
Excerpt: 'Nowhere in the plan language is there a suggestion, let alone a clear statement, that a plan beneficiary is signing away his or her make whole rights. Neither the make whole doctrine nor any euphemism sounding like the make whole doctrine is mentioned in the plan. Similarly, application of the make whole doctrine as a 'gap filler' would not contravene any statement from the plan heretofore quoted to the Court by the parties.'
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