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The supremacy of a written ERISA-governed plan still reigns as the U.S. Supreme Court reversed the ruling of an appellate court which had held that a court can ignore unambiguous subrogation reimbursement language, and simply rewrite the terms of an ERISA-governed plan in line with its own ideas of what was “fair and equitable.” The case is McCutchen v. U.S. Airways.
Background
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