Common use of OUR RIGHT TO RECOVER PAYMENT Clause in Contracts

OUR RIGHT TO RECOVER PAYMENT. a. If we make a payment under this policy and the person to or for whom payment was made has a right to recover damages from another we shall be subrogated to that right. That person shall do: (1) whatever is necessary to enable us to exercise our rights, and (2) nothing after loss to prejudice our rights. However, our rights in this paragraph do not apply under Part IV, against any person using your insured car with a reasonable belief that the person is entitled to do so. b. If we make a payment under this policy and the person to or for whom payment is made recovers damages from another, that person shall: (1) hold in trust for us the proceeds of the recovery; and (2) reimburse us to the extent of our payment. c. If we exercise our right to recovery against another, we will also attempt to recover any deductible incurred by an insured person under this policy. We reserve the right to compromise or settle the deductible and property damage claims against the responsible parties for less than the full amount. We reserve the right to reduce reimbursement of the deductible by the proportion that the amount we recover bears to the total amount of our subrogated claim. We will also reduce reimbursement of the deductible by the proportionate share of the collection expenses including attorney fees incurred with our recovery efforts. We will not recover the deductible if you instruct us not to.

Appears in 3 contracts

Samples: Auto Policy Contract, Insurance Policy, Insurance Policy

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OUR RIGHT TO RECOVER PAYMENT. a. If we make a payment under this policy and the person to or for whom payment was made has a right to recover damages from another we shall be subrogated to that right. That person shall do: (1) whatever is necessary to enable us to exercise our rights, andus (2) nothing after loss to prejudice our rights. However, our rights in this paragraph do not apply under Part IV, against any person using your insured car with a reasonable belief that the person is entitled to do so.our b. If we make a payment under this policy and the person to or for whom payment is made recovers damages from another, that person shall: (1) hold in trust for us the proceeds of the recovery; and (2) reimburse us to the extent of our payment. c. If we exercise our right to recovery against another, we will also attempt to recover any deductible incurred by an insured person under this policy. We reserve the right to compromise or settle the deductible and property damage claims against the responsible parties for less than the full amount. We reserve the right to reduce reimbursement of the deductible by the proportion that the amount we recover bears to the total amount of our subrogated claim. We will also reduce reimbursement of the deductible by the proportionate share of the collection expenses including attorney fees incurred with our recovery efforts. We will not recover the deductible if you instruct us not to.

Appears in 1 contract

Samples: Insurance Policy

OUR RIGHT TO RECOVER PAYMENT. a. If we make a payment under this policy and the person to or for whom payment was made has a right to recover damages from another we shall be subrogated to that right. That person shall do: (1) whatever is necessary to enable us to exercise our rights, andus (2) nothing after loss to prejudice our rights. However, our rights in this paragraph do not apply under Part IV, against any person using your insured car with a reasonable belief that the person is entitled to do so.our b. If we make a payment under this policy and the person to or for whom payment is made recovers damages from another, that person shall: (1) hold in trust for us the proceeds of the recovery; and (2) reimburse us to the extent of our payment.. SAMPLE POLICY c. If we exercise our right to recovery against another, we will also attempt to recover any deductible incurred by an insured person under this policy. We reserve the right to compromise or settle the deductible and property damage claims against the responsible parties for less than the full amount. We reserve the right to reduce reimbursement of the deductible by the proportion that the amount we recover bears to the total amount of our subrogated claim. We will also reduce reimbursement of the deductible by the proportionate share of the collection expenses including attorney fees incurred with our recovery efforts. We will not recover the deductible if you instruct us not to.

Appears in 1 contract

Samples: Insurance Policy

OUR RIGHT TO RECOVER PAYMENT. a. If we make a payment under this policy and the person to or for whom payment was made has a right to recover damages from another we shall be subrogated to that right. That person shall do: (1) whatever is necessary to enable us to exercise our rights, and (2) nothing after loss to prejudice our rights. However, our rights in this paragraph do not apply under Part IV, against any person using your insured car with a reasonable belief that the person is entitled to do so. b. If we make a payment under this policy and the person to or for whom payment is made recovers damages from another, that person shall: (1) hold in trust for us the proceeds of the recovery; and (2) reimburse us to the extent of our payment.. SAMPLE POLICY c. If we exercise our right to recovery against another, we will also attempt to recover any deductible incurred by an insured person under this policy. We reserve the right to compromise or settle the deductible and property damage claims against the responsible parties for less than the full amount. We reserve the right to reduce reimbursement of the deductible by the proportion that the amount we recover bears to the total amount of our subrogated claim. We will also reduce reimbursement of the deductible by the proportionate share of the collection expenses including attorney fees incurred with our recovery efforts. We will not recover the deductible if you instruct us not to.

Appears in 1 contract

Samples: Auto Policy Contract

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OUR RIGHT TO RECOVER PAYMENT. a. If we make a payment under this policy and the person to or for whom payment was made has a right to recover damages from another we shall be subrogated to that right. That person shall do:: SAMPLE POLICY (1) whatever is necessary to enable us to exercise our rights, and (2) nothing after loss to prejudice our rights. However, our rights in this paragraph do not apply under Part IV, against any person using your insured car with a reasonable belief that the person is entitled to do so. b. If we make a payment under this policy and the person to or for whom payment is made recovers damages from another, that person shall: (1) hold in trust for us the proceeds of the recovery; and (2) reimburse us to the extent of our payment. c. If we exercise our right to recovery against another, we will also attempt to recover any deductible incurred by an insured person under this policy. We reserve the right to compromise or settle the deductible and property damage claims against the responsible parties for less than the full amount. We reserve the right to reduce reimbursement of the deductible by the proportion that the amount we recover bears to the total amount of our subrogated claim. We will also reduce reimbursement of the deductible by the proportionate share of the collection expenses including attorney fees incurred with our recovery efforts. We will not recover the deductible if you instruct us not to.

Appears in 1 contract

Samples: Insurance Policy

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