Made Whole Doctrine

Posted by Matthew Garretson and Elizabeth Vish Schad

Question:
Can you tell us what the Status of the Make Whole Doctrine is in the Second Circuit?

-Recent Seminar Attendee

Answer:
There currently exists a circuit split among the Courts of Appeals in deciding whether the Made Whole Doctrine should be applied as the default rule in ERISA subrogation. The Second Circuit recognizes the application of the Made Whole Doctrine, but it has never applied it in the context of ERISA.