Avoiding The Made Whole And Common Fund Doctrines

The equitable Made Whole and Common Fund Doctrines are perhaps the most ill-understood and erroneously applied concepts in all of subrogation. Trial lawyers’ organizations consistently misunderstand these affirmative defenses to subrogation and courts around the country regularly misapply them to contractual subrogation rights as opposed to simple equitable subrogation rights. This course provides an overview of the Doctrines themselves and takes a critical look at the plan language necessary to overcome their application in all federal circuits. This course assists ERISA plan subrogation professionals in avoiding these doctrines by preempting state laws which apply them, and assists those who handle non-ERISA and fully-insured plans understand the variety of state laws which still allow a plan to contract around the application of these Doctrines. Presented by Ryan L. Woody with Matthiesen, Wickert & Lehrer, S.C.

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