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Common Fund Doctrine Applied in ERISA Subrogation Case Where Plan Language Ambiguous
Health Plan Law 
[Guidance Overview] Dec. 12, 2008
Excerpt: Here is a recent district court opinion out of the Third Circuit that applies the common fund doctrine where the summary plan description did not explicitly address whether the plan's recovery would be burdened with a pro rate share of attorneys' fees. The opinion has several interesting aspects in addition to the plan language issues. The facts are those of a typical plan recovery case.
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