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 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 .

Appears in 2 contracts

Samples: www.maine.gov, www.maine.gov

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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 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 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 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 person. If an insured person recovers from another without our written consent and such re- covery prejudices our right to recover paymentconsent, the insured person’s right to payment under any affected coverage will no longer exist 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 deductible. We have no obliga- tion to pursue recovery against another for any loss not covered by this policy 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 amount. We also reserve the right to incur reasonable expenses and attorney fees in pursuit of the recovery 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 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 efforts. These provisions will be applied in accordance with state law law.

Appears in 2 contracts

Samples: Alaska, Alaska

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 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 will be held by the insured person in trust for us and reimbursed to us to the extent of our payment payment. If we are not reimbursed, we may pursue recovery of that amount directly against that insured person person. When we are reimbursed by an insured person for payments 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 made un- der Part II - Medical Payments Coverage, we are responsible for a pro rata share the right to recover will not exceed the proceeds recovered from the assets of the attorney fees incurred by the insured person in recovering payment from a liable party insolvent insurer. If an insured person recovers from another without our written consent and such re- covery prejudices our right to recover paymentconsent, the insured personper- son’s right to payment under any affected coverage will no longer exist 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 deductible. We have no obliga- tion to pursue recovery against another for any loss not covered by this policy 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 amount. We also reserve the right to incur reasonable expenses and attorney fees in pursuit of the recovery 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 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 efforts. These provisions will be applied in accordance with state law law.

Appears in 1 contract

Samples: insurance.mo.gov

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 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 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 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 person. If an insured person recovers from another without our written consent and such re- covery prejudices our right to recover paymentconsent, the insured person’s right to payment under any affected coverage will no longer exist 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 deductible. We have no obliga- tion to pursue recovery against another for any loss not covered by this policy 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 amount. We also reserve the right to incur reasonable expenses and attorney fees in pursuit of the recovery 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 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 efforts will also reduce reimbursement of the deductible. These provisions will be applied in accordance with state law .law. OUR RIGHTS TO INSPECT 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:

Appears in 1 contract

Samples: storage.ning.com

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 re- covery 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 paymentconsent, the insured person’s right rights 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 by 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 .

Appears in 1 contract

Samples: docshare01.docshare.tips

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 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 will be held by the insured person in trust for us and reimbursed to us to the extent of our payment 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 person. If an insured person recovers from another without our written consent and such re- covery prejudices our right to recover paymentconsent, the insured person’s 's right to payment under any affected coverage will no longer exist 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 deductible. We have no obliga- tion obligation to pursue recovery against another for any loss not covered by this policy 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 amount. We also reserve the right to incur reasonable expenses and attorney fees in pursuit of the recovery 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 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 efforts will also reduce reimbursement of the deductible. These provisions terms will be applied in accordance accord with state law law.

Appears in 1 contract

Samples: Insuring Agreement

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 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 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 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 person. If an insured person recovers from another without our written consent and such re- covery prejudices our right to recover paymentconsent, the insured person’s right to payment under any affected coverage will no longer exist 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 deductible. We have no obliga- tion to pursue recovery against another for any loss not covered by this policy 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 amount. We also reserve the right to incur reasonable expenses and attorney fees in pursuit of the recovery 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 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 efforts will also reduce reimbursement of the deductible. These provisions will be applied in accordance with state law .law. OUR RIGHTS TO INSPECT 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:

Appears in 1 contract

Samples: www.milestonepnc.com

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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 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 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 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 . 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 person. If an insured person recovers from another without our written consent and such re- covery prejudices our right to recover paymentconsent, 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 exist 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 deductible. We have no obliga- tion to pursue recovery against another for any loss not covered by this policy 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 amount. We also reserve the right to incur reasonable expenses and attorney fees in pursuit of the recovery 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 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 efforts ef- 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 .law. OUR RIGHTS TO INSPECT 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:

Appears in 1 contract

Samples: octopup.org

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 paymentconsent, 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 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 INSPECT 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:

Appears in 1 contract

Samples: www.ibs-ny.com

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 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 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 will be held by the insured person in trust for us and reimbursed to us to the extent of our payment 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 person. If an insured person recovers from another without our written consent and such re- covery prejudices our right to recover paymentconsent, the insured person’s right to payment under any affected coverage will no longer exist 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 deductible. We have no obliga- tion obligation to pursue recovery against another for any loss not covered by this policy 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 amount. We also reserve the right to incur reasonable expenses and attorney fees in pursuit of the recovery 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 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 efforts will also reduce reimbursement of the deductible. These provisions will be applied in accordance with state law law.

Appears in 1 contract

Samples: Policy Insuring Agreement

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