Common use of OUR RIGHTS TO RECOVER PAYMENT Clause in Contracts

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 by the insured person in excess of the damages sustained in the accident 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. If an insured person recovers from another without our written consent, 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 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 paymentpayment . 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 rightsrights . However, we may not assert rights of recovery against any person for any payment made under Part II - Medical Payments Coverage for medical or funeral expenses incurred by you or a relative . When an insured person has been paid by us and also recovers from another, the amount recovered by the insured person in excess of the damages sustained in the accident will be held by the insured person in trust for us and reimbursed to us to the extent of our paymentpayment . If we are not reimbursed, we may pursue recovery of that amount directly against that insured personperson . If an insured person recovers from another without takes any action that negates our written consentright to recover payment, the insured person’s right to payment under any affected coverage will no longer existexist . 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 deductibledeductible . We have no obliga- tion obligation to pursue recovery against another for any loss not covered by this policypolicy . We Unless you request otherwise, we reserve the right to compromise or settle the deductible and property damage claims against the responsible parties for less than the full amountamount . We reserve the right to incur reasonable expenses and attorney attor- ney fees in pursuit of the recoveryrecovery . 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 recovery bears to the total of our payment and the deductibledeductible . Reimbursement of the deductible will also be reduced by If we retain counsel, a proportionate share of collection expenses and attorney fees incurred in connection connec- tion with these recovery effortsefforts will also reduce reimbursement of the deductible . These provisions will be applied in accordance with state lawlaw .

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 paymentpayment . 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 rightsrights . When an insured person has been paid by us and also recovers from another, the amount recovered by the insured person in excess of the damages sustained in the accident will be held by the insured person in trust for us and reimbursed to us to the extent of our paymentpayment . If we are not reimbursed, we may pursue recovery of that amount directly against that insured personperson . 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 consentconsent and such re- covery prejudices our right to recover payment, the insured person’s right to payment under any affected coverage will no longer existexist . 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 deductibledeductible . We have no obliga- tion to pursue recovery against another for any loss not covered by this policypolicy . We reserve the right to compromise or settle the deductible and property damage claims against the responsible parties for less than the full amountamount . We also reserve the right to incur reasonable expenses and attorney fees in pursuit of the recoveryrecovery . 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 deductibledeductible . Reimbursement of the deductible will also be reduced by a proportionate share of collection expenses and attorney fees incurred in connection with these recovery effortsefforts . These provisions will be applied in accordance with state lawlaw .

OUR RIGHTS TO RECOVER PAYMENT. We In the event of any payment under this policy, we are entitled to all the rights of recovery that the insured person claiming insurance coverage under this policy, and to whom payment was made made, has against anotherany 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 the extent of our payment. That insured person may be required us any legal papers relating to sign documents related to the recovery and must that recovery, do whatever else we require is necessary to help us exercise those recovery rights, and do nothing after an accident or loss to prejudice those our rights. When 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 has been paid by us and also recovers under this policy from another, the amount recovered by the insured person in excess of the damages sustained in the accident 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. If an insured person recovers from another a responsible party without our written consent, 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 is made by an insured person under this policy unless from a responsible party 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 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 must be made a party to the total of our payment and the deductible. Reimbursement of the deductible will also be reduced by suit or settlement in order to make 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 lawclaim 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 require re- quire to help us exercise those recovery rights, and do nothing after an accident or loss to prejudice those rights. This provision does not apply in Missouri for Part II - Medical Payments Coverage. In the event of any payment under Part III (B) - Underinsured Motorist Coverage, we are entitled to all the rights of recovery that the insured person has against another after a judgment has been rendered by a court of law. When an insured person has been paid by us under Part III (A) - Uninsured Motor- ist Coverage or Part IV - Damage To A Vehicle of this policy and also recovers from another, the amount recovered by the insured person in excess of the damages sustained in the accident 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. If a payment is made under Part III (A) - Uninsured Motorist Coverage due to the insol- vency of the insurer of a liable party, the amount we have the right to recover will not exceed the proceeds recovered from the assets of the insolvent insurer. If an insured person recovers from another without our written consent, the insured personper- son’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 reserve the right to incur reasonable expenses and attorney fees in pursuit of the recovery. As provided by Missouri law, if we have made a payment to an innocent coinsured for property damage that resulted from an intentional act of domestic violence by another insured person, we may assert a right of reimbursement against the insured person whose intentional act caused the property damage. If the total recovery is less than the total of our payment and the deductible, we will reduce re- duce reimbursement of the deductible based on by the proportion that the actual re- covery recovery 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 paymentpayment . 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 rightsrights . When an insured person has been paid by us and also recovers from another, the amount recovered by the insured person in excess of the damages sustained in the accident will be held by the insured person in trust for us and reimbursed to us to the extent of our paymentpayment . If we are not reimbursed, we may pursue recovery re- covery of that amount directly against that insured personperson . If an insured person recovers from another without our written consent, the insured person’s right rights to payment under any affected coverage will no longer existexist . 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 deductibledeductible . We have no obliga- tion obligation to pursue recovery against another for any loss not covered by this policypolicy . We reserve the right to compromise or settle the deductible and property damage claims against the responsible parties for less than the full amountamount . We reserve the right to incur reasonable expenses and attorney fees in pursuit of the recoveryrecovery . If the total recovery is less than the total of our payment and the deductible, we will reduce reimbursement of the deductible based on by the proportion that the actual re- covery bears to the total of our payment and the deductibledeductible . Reimbursement of the deductible will also be reduced by a proportionate share of collection expenses and attorney fees incurred in connection with these recovery effortsefforts . These provisions will be applied in accordance with state lawlaw .

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 by the insured person in excess of the damages sustained in the accident will be held by the insured person in trust for us and reimbursed to us to the extent of our payment. We will be entitled to recovery only after the insured person has been fully compensated for damages arising out of the accident. If an in- sured person incurs attorney fees in connection with a lawsuit or arbitration to enforce benefits under Part III - Underinsured Motorist Coverage, any offset against benefits paid under Part II(B) - Personal Injury Protection Coverage will be subject to a pro-rata reduction for such attorney fees. If we are not reimbursed, we may pursue recovery of that amount directly against that insured person. If an insured person recovers from another without our written consent, the insured person’s right to payment under any affected coverage Part II(B) - Personal Injury Protection Coverage and Part IV - Damage To A Vehicle will no longer existexist to the extent that our right of recov- ery against the responsible party has been adversely affected. 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 recov- ery bears to the total of our payment and the deductible. Reimbursement of the deductible will also be reduced by a A proportionate share of collection expenses and attorney fees incurred in connection with these recovery effortsef- forts will also reduce reimbursement of the deductible if we hire an outside attorney to collect such recovery. These provisions will be applied in accordance with state law.. We, and any rating, advisory, rate service, or similar organization which makes insur- ance inspections, surveys, reports, or recommendations on our behalf, have the right to:

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 paymentpayment . 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 rightsrights . When an insured person has been paid by us and also recovers from another, the amount recovered by the insured person in excess of the damages sustained in the accident will be held by the insured person in trust for us and reimbursed to us to the extent of our paymentpayment . If we are not reimbursed, we may pursue recovery of that amount directly against that insured personperson . If an insured person recovers from another without our written consent, the insured person’s right to payment under any affected coverage will no longer existexist . 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 deductibledeductible . We have no obliga- tion to pursue recovery against another for any loss not covered by this policypolicy . We reserve the right to compromise or settle the deductible and property damage claims against the responsible parties for less than the full amountamount . We also reserve the right to incur reasonable expenses and attorney fees in pursuit of the recoveryrecovery . If the total recovery is less than the total of our payment and the deductible, we will reduce re- duce reimbursement of the deductible based on the proportion that the actual re- covery recovery bears to the total of our payment and the deductibledeductible . Reimbursement of the deductible will also be reduced by a proportionate share of collection expenses and attorney fees incurred in connection with these recovery effortsefforts . These provisions will be applied in accordance with state law.law . We, and any rating, advisory, rate service, or similar organization that makes insurance inspections, surveys, reports or recommendations on our behalf, have the right to:

OUR RIGHTS TO RECOVER PAYMENT. We are entitled to all 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 is necessary 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 by the insured person in excess of the damages sustained in the accident 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. If an insured person recovers from another without our written consent, 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 re- duce reimbursement of the deductible based on the proportion that the actual re- covery recovery bears to the total of our payment and the deductible. Reimbursement of the deductible will also be reduced by a A proportionate share of collection collec- tion expenses and attorney fees incurred in connection with these recovery effortsefforts will also reduce reimbursement of the deductible. These provisions will be applied in accordance with state law.. We, and any rating, advisory, rate service, or similar organization that makes insurance inspections, surveys, reports, or recommendations on our behalf, have the right to:

OUR RIGHTS TO RECOVER PAYMENT. We Only if and when allowed by law, including Texas Insurance Code Section 1952.155 as it relates to coverage afforded under Part II(B), 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. This right of recovery exists regardless of whether the insured person has been fully compensated for all damages, whether the insured person has a deductible under our policy, or whether others have paid for only a part of the insured person's loss. 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. However, we may not assert rights of recovery against the owner or operator of an uninsured motor vehicle (as defined in Part III), if the person seeking coverage under Part Ill - Uninsured Motorist Coverage provides us with written notice at least 30 days prior to entering into a settlement that an offer of settlement has been made by, or on behalf of, the owner or operator of an uninsured motor vehicle, and if we do not elect to pay to, or on behalf of, that person an amount equal to the amount offered in full settlement by, or on behalf of, the owner or operator of the uninsured motor vehicle. When an insured person has been paid by us and also recovers from another, the amount recovered by the insured person in excess of the damages sustained in the accident 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. If an insured person recovers from another without our written consent, the insured person’s '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 obligation 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 recovery bears to the total of our payment and the deductible. Reimbursement of the deductible will also be reduced by a A proportionate share of collection expenses and attorney fees incurred in connection with these recovery effortsefforts will also reduce reimbursement of the deductible. These provisions terms will be applied in accordance accord 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 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 under Part I—Liability To Others, Part III—Uninsured/Underinsured Motorist Coverage, or Part IV—Damage To A Vehicle, and also recovers from another, the amount recovered by the insured person in excess of the damages sustained in the accident 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. If an insured person recovers from another without our written consent, 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 obligation 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 recovery bears to the total of our payment and the deductible. Reimbursement of the deductible will also be reduced by a A proportionate share of collection expenses and attorney fees incurred in connection with these recovery effortsefforts will also reduce reimbursement of the deductible. These provisions will be applied in accordance with state law.

OUR RIGHTS TO RECOVER PAYMENT. We are entitled to all 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 by the insured person in excess of the damages sustained in the accident 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. If an insured person recovers from another without our written consent, the insured person’s right to payment under any affected coverage will no longer exist. You are permitted to file a lawsuit against us within the statute of limitations to have any dispute settled by a court of proper jurisdiction when you believe we have not appropriately responded to your requests concerning such proceedings or you believe we have acted inappropriately in handling your claim. 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 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 re- duce reimbursement of the deductible based on the proportion that the actual re- covery recovery bears to the total of our payment and the deductible. Reimbursement of the deductible will also be reduced by a A proportionate share of collection collec- tion expenses and attorney fees incurred in connection with these recovery effortsefforts will also reduce reimbursement of the deductible. These provisions will be applied in accordance with state law.. We, and any rating, advisory, rate service, or similar organization that makes insurance inspections, surveys, reports, or recommendations on our behalf, have the right to: