Common use of Administration of Claims Clause in Contracts

Administration of Claims. The Fund, through the Service Organization or otherwise, will administer, process, investigate and pay valid and appropriate Claims made by Employers' covered employees during the term of this Agreement in accordance with Alabama Workers' Compensation Law. The Fund, in connection with its Service Organization, has absolute discretion to determine whether to pay, defend, settle, commute or in any other way dispose of such Claims. The Fund has absolutely no obligation whatsoever respecting claims for retaliatory discharge, intentional acts, or claims under (i) Alabama Code ' 25- 5-11; (ii) Alabama Code ' 25-5-11.1; (iii) the United States Longshoremen and Harbor Workers Act; (iv) the Xxxxx Act; (v) the Federal Employer’s Liability Act; or any amendments or successor provisions to any of (i)-(v) above; or any other local, state or federal statute, regulation, rule, program, common law, or any other claim of any kind other than the Alabama Workers’ Compensation Law whether such claims are asserted independently or as part of a suit involving claims under the Alabama Workers’ Compensation Law. The obligations of the Fund under this Agreement only extend to Claims arising from injuries or illnesses occurring during the Employer’s membership in the Fund and not to Claims arising from injuries or illnesses arising either before or after the Employer’s membership in the Fund. The obligations of the Fund under this Agreement are limited to obligations imposed by the Alabama Workers’ Compensation Law and do not include payment of punitive or exemplary damages (or any other damages not imposed by the Alabama Workers’ Compensation Law) arising from injuries or illnesses occurring during the Employer’s membership in the Fund. Under no circumstances will the Fund be responsible for any voluntary payment, assumption of obligation, admission of liability or expense, other than first aid, committed or incurred by Employer without the express consent of the Fund and the Service Organization.