Trouble is, most people who have heatlh insurance coverage get it as part of an employee benefits plan. ERISA , an acronym for The Insurance Company Wins Every Fucking Time, governs such plans. State law doctrines such as make- whole and common fund don’ t apply if the plan language unequivocally gives the insurance company first priority in the proceeds of the injured person’ s recovery against a third- party tortfeasor. The tragic case of Deborah Shank and her dealings with the Wal* Mart employee benefits