OUR RIGHTS TO RECOVER PAYMENT. When we pay for any loss, an insured person’s right to recover from anyone else becomes ours up to the amount we have paid. An insured person must protect these rights and help us enforce them. You may waive your rights to recover against another person for loss involving the property covered by this policy. This waiver must be in writing prior to the date of loss.
OUR RIGHTS TO RECOVER PAYMENT. We are entitled to the rights of recovery that the insured person to whom payment was made has against another, to the extent of our payment . That insured person may be required to sign documents related to the recovery and must do whatever else we require to help us exercise those recovery rights, and do nothing after an accident or loss to prejudice those rights . When an insured person has been paid by us and also recovers from another, the amount recovered will be held by the insured person in trust for us and reimbursed to us to the extent of our payment . If we are not reimbursed, we may pursue recovery of that amount directly against that insured person . When we are reimbursed by an insured person for payments we have made un- der Part II - Medical Payments Coverage, we are responsible for a pro rata share of the attorney fees incurred by the insured person in recovering payment from a liable party . If an insured person recovers from another without our written consent and such re- covery prejudices our right to recover payment, the insured person’s right to payment under any affected coverage will no longer exist . If we elect to exercise our rights of recovery against another, we will also attempt to recover any deductible incurred by an insured person under this policy unless we are specifically instructed by that person not to pursue the deductible . We have no obliga- tion to pursue recovery against another for any loss not covered by 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 also reserve the right to incur reasonable expenses and attorney fees in pursuit of the recovery . If the total recovery is less than the total of our payment and the deductible, we will reduce reimbursement of the deductible based on the proportion that the actual re- covery bears to the total of our payment and the deductible . Reimbursement of the deductible will also be reduced by a proportionate share of collection expenses and attorney fees incurred in connection with these recovery efforts . These provisions will be applied in accordance with state law .
OUR RIGHTS TO RECOVER PAYMENT. We are entitled to the rights of recovery that the insured person to whom payment was made has against another, to the extent of our payment. That insured person may be required to sign documents related to the recovery and must do whatever else we re- quire to help us exercise those recovery rights, and do nothing after an accident or loss to prejudice those rights. However, we may not exercise such rights of recovery for any payment made under:
OUR RIGHTS TO RECOVER PAYMENT. In the event of any payment under this policy, we are entitled to all the rights of recovery that the person claiming insurance coverage under this policy, and to whom payment was made, has against any other person, after the person claiming insurance coverage under this policy has been fully compensated for his or her loss. The person claiming insurance coverage under this policy must sign and deliver to us any legal papers relating to that recovery, do whatever else is necessary to help us exercise those rights, and do nothing after an accident or loss to prejudice our rights. However, we may not assert rights of recovery against any person who was using a covered vehicle with your express or implied permission for any payment made under Part D – Coverage For Damage To Your Covered Vehicle, unless that payment resulted from fraudulent conduct of you or that person. If we make any payment under this policy and the person to or for whom payment is made has a right to recover damages from another, we shall be subrogated to that right. However, our right to recover is subordinate to the insured’s right to be fully compensated. If recovery is made by an insured person under this policy from a responsible party without our written consent, the insured person’s right to payment under any affected coverage will no longer exist. If recovery is made by an insured person under this policy from a responsible party we must be made a party to the suit or settlement in order to make a claim under Part B – Medical Payments Coverage or Part D – Coverage for Damage to Your Covered Vehicle.
OUR RIGHTS TO RECOVER PAYMENT. We are entitled to the rights of recovery that the insured person to whom payment was made has against another, to the extent of our payment. That insured person may be required to sign documents related to the recovery and must do whatever else we re- quire to help us exercise those recovery rights, and do nothing after an accident or loss to prejudice those rights. When an insured person has been paid by us and also recovers from another, the amount recovered will be held by the insured person in trust for us and reimbursed to us to the extent of our payment. If we are not reimbursed, we may pursue recovery of that amount directly against that insured person. The following applies when we are seeking reimbursement from an insured person for payments we have made under Part II—Medical Payments Coverage:
OUR RIGHTS TO RECOVER PAYMENT. In the event of any payment under Part I, Part III, or Part IV of this policy, we are entitled to all the rights of recovery that the insured person to whom payment was made has against another. That insured person must sign and deliver to us any legal papers relating to that recovery, do whatever else is necessary to help us exercise those rights, and do nothing after an accident or loss to prejudice our rights. A person seeking benefits under Part IV shall not enter into any settlement with a liability insurer except pursuant to a limited release, as specified in Georgia law O.C.G.A. Section 33-24-41.1, which shall not release the tortfeasor from personal liability to the extent that uninsured motorist benefits may be available for bodily injury or property damage sustained by the insured person. However, we may not assert rights of recovery against any person who was using a covered vehicle with your express or implied permission for any payment made under Part IV. When an insured person has been paid by us under this policy and also recovers from another person, entity, or organization, the amount recovered will be held by the insured person in trust for us and reimbursed to us to the extent of our payment. For payments made by us under Part IV, this will be in accordance with the Trust Agreement provision in Part IV. If recovery is made by an insured person under this policy from a responsible person, entity or organization, without our written consent, the insured person’s right to payment under any affected coverage will no longer exist.
OUR RIGHTS TO RECOVER PAYMENT. If You have a right to recover against another party for anything We have paid under this Agreement, Your rights shall become Our rights. You shall do whatever is necessary to enable Us to enforce these rights. We shall recover only the excess after You are fully compensated for Your loss.
OUR RIGHTS TO RECOVER PAYMENT. In the event of any payment under this policy under Part I - Liability to Others, Part III - Uninsured/ Underinsured Motorist Bodily Injury Coverage, or Part IV - Physical Damage Coverage, we are entitled to all the rights of recovery that the insured person to whom payment was made has against another. However:
OUR RIGHTS TO RECOVER PAYMENT. In the event of any payment under this policy, we are entitled to all the rights of recovery that the insured per- son to whom payment was made has against another. That insured person must sign and deliver to us any legal papers relating to that recovery, do whatever else is necessary to help us exercise those rights, and do nothing after an accident or loss to prejudice our rights. When an insured person has been paid by us and also recovers from another, the amount recovered will be held by the insured person in trust for us and xxxx- bursed to us to the extent of our payment. If we are not reimbursed, we may pursue recovery of that amount directly against that insured person. If recovery is made by an insured person under this policy from a responsible party or that party’s insurer without our written consent, the insured person’s right to payment under any affected coverage will no longer exist. These provisions will be applied in accordance with state law.
OUR RIGHTS TO RECOVER PAYMENT. If we make any payment under this policy, we are enti- tled to all the rights of recovery that the person to, or for, whom payment is made has against another up to the amount that we have paid out under this policy. Any amount recovered in excess of our payments made belongs to the insured. That person or organiza- tion must sign and deliver to us any legal papers relat- ing to that recovery, do whatever else is necessary to help us exercise those rights, and do nothing after the loss to harm our rights. If we make any payment under this policy and the per- son to, or for, whom payment is made has a right to recover damages from another, we shall be subrogated to that right. However, our right to recover is subordi- nate to the insured’s right to be fully compensated. That person or organization must sign and deliver to us any legal papers relating to that recovery, do whatever else is necessary to help us exercise those rights, and do nothing after the loss to harm our rights. We are to be repaid our payments, costs and fees of collection out of any recovery.
