Claim Validation Process. After Claim Review and Processing, the Claims Administrator will calculate the amount due to each Settlement Class Member for all claims approved as complying with the requirements of this Settlement Agreement. The Claims Administrator will, on a weekly rolling basis, submit those conditionally approved claims to Defendant for the Claim Validation Process to determine if there is any reason to believe that a claim is fraudulent or otherwise invalid. Within a rolling forty-five (45) days basis of Defendant’s receipt from the Claims Administrator of the conditionally approved claims, Defendant may object to the approval of the claim based on evidence that: a. the vehicle’s warranty was voided because (i) the VIN has been altered or cannot be read; (ii) the vehicle was purchased from a salvage yard/junkyard/recycler, was declared a total loss, was sold for salvage purposes, or had a “salvage” title before a repair of the Timing Chain Module or Oil Pump Chain Module; (iii) the odometer of the vehicle was tampered with or the true mileage of the vehicle is unknown; or (iv) the vehicle has been used in any competitive racing event; b. the VIN associated with the claim does not match the Settlement Class Member’s vehicle’s VIN; c. the claim for reimbursement is for an item or service that is not covered under this Settlement Agreement; d. the claim is for a vehicle excluded from the Settlement Class; e. the claim for reimbursement has already been made and paid (i.e., a duplicate claim); f. the claim for reimbursement is submitted by someone excluded from the Settlement Class; g. the claim is fraudulently submitted; or h. the Settlement Class Member has received “goodwill” or other cost/price adjustment, coupon, reimbursement, or refund from BMW NA, a BMW Center, any person or entity associated with Defendant, an insurer, or a provider of an extended service contract, in which case that amount will be applied against the amount of the claim submitted.
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
Claim Validation Process. After Claim Review and Processing, the Claims Administrator will calculate the amount due to each Settlement Class Member for all claims approved as complying with the requirements of this Settlement Agreement. The Claims Administrator will, on a weekly rolling basis, submit those conditionally approved claims to Defendant for the Claim Validation Process to determine if there is any reason to believe that a claim is fraudulent or otherwise invalid. Within a rolling forty-five (45) days basis of Defendant’s receipt from the Claims Administrator of the conditionally approved claims, Defendant may object to the approval of the claim based on evidence that:
a. A. the vehicle’s warranty was voided because (i) the VIN has been altered or cannot be read; (ii) the vehicle was purchased from a salvage yard/junkyard/recycler, was declared a total loss, was sold for salvage purposes, or had a “salvage” title before a repair of the Timing Chain Module or Oil Pump Chain Modulean Eligible Repair; (iii) or the odometer of the vehicle was tampered with or the true mileage of the vehicle is unknown; or (iv) the vehicle has been used in any competitive racing event;
b. B. the VIN associated with the claim Claim does not match the Settlement Class Member’s vehicle’s VIN;
c. C. the claim for reimbursement Claim is for an item or service that is not an Eligible Repair covered under this Settlement Agreement;
d. D. the claim Claim is for a vehicle excluded from the Settlement Class;
e. E. the claim for reimbursement Claim has already been made and paid (i.e., a duplicate claim);
f. F. the claim for reimbursement Claim is submitted by someone excluded from the Settlement Class;
g. G. the claim Claim is fraudulently submitted; or
h. H. the Settlement Class Member has received “goodwill” or other cost/price adjustment, coupon, reimbursement, or refund from BMW NA, a BMW Center, any person or entity associated with Defendant, an insurer, or a provider of an extended service contract, in which case that amount will be applied against the amount of the claim submitted.
Appears in 1 contract
Samples: Settlement Agreement
Claim Validation Process. After Claim Review and Processing, the Claims Administrator will calculate the amount due to each Settlement Class Member for all claims approved as complying with the requirements of this Settlement Agreement. The Claims Administrator will, on a weekly rolling basis, submit those conditionally approved claims to Defendant for the Claim Validation Process to determine if there is any reason to believe that a claim is fraudulent or otherwise invalid. Within a rolling forty-five (45) days basis of Defendant’s receipt from the Claims Administrator of the conditionally approved claims, Defendant may object to the approval of the claim based on evidence that:
a. the vehicle’s warranty was voided because (i) the VIN has been altered or cannot be read; (ii) the vehicle was purchased from a salvage yard/junkyard/recycler, was declared a total loss, was sold for salvage purposes, or had a “salvage” title before a repair of the Timing Chain Module or Oil Pump Chain Moduleany oil consumption related issue; (iii) the odometer of the vehicle was tampered with or the true mileage of the vehicle is unknown; or (iv) the vehicle has been used in any competitive racing event;
b. the VIN associated with the claim does not match the Settlement Class Member’s vehicle’s VIN;
c. the claim for reimbursement is for an item or service that is not covered under this Settlement Agreement;
d. the claim is for a vehicle excluded from the Settlement Class;
e. the claim for reimbursement has already been made and paid (i.e., a duplicate claim);
f. the claim for reimbursement is submitted by someone excluded from the Settlement Class;
g. the claim is fraudulently submitted; or
h. the Settlement Class Member has received “goodwill” or other cost/price adjustment, coupon, reimbursement, or refund from BMW NA, a BMW Center, any person or entity associated with Defendant, an insurer, or a provider of an extended service contract, in which case that amount will be applied against the amount of the claim submitted.
Appears in 1 contract
Samples: Settlement Agreement