Common use of OUR RIGHTS TO RECOVER PAYMENT Clause in Contracts

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. In the event of any payment under this policy, we 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 any other personanother, after to the extent of our payment . That insured person claiming insurance coverage under this policy has been fully compensated for his or her loss. The person claiming insurance coverage under this policy may be required to sign documents related to the recovery and must sign and deliver to us any legal papers relating to that recovery, do whatever else is necessary we require to help us exercise those recovery rights, and do nothing after an accident or loss to prejudice our rightsthose 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 – II - Medical Payments Coverage For Damage To Your Covered Vehicle, unless that payment resulted from fraudulent conduct of for medical or funeral expenses incurred by you or that persona relative . 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 make any payment under this policy and the person to or for whom payment is made has a right to recover damages from anotherare not reimbursed, we shall be subrogated to may pursue recovery of that rightamount directly against that insured person . However, If an insured person takes any action that negates 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 consentpayment, the insured person’s right to payment under any affected coverage will no longer existexist . If we elect to exercise our rights of recovery is made against another, we will also attempt to recover any deductible incurred by an insured person under this policy from a unless we are specifically instructed by that person not to pursue the deductible . We have no obligation to pursue recovery against another for any loss not covered by this policy . Unless you request otherwise, we reserve the right to compromise or settle the deductible and property damage claims against the responsible party parties for less than the full amount . We reserve the right to incur reasonable expenses and attor- ney fees in pursuit of the recovery . If the total recovery is less than the total of our payment and the deductible, we must be made a party will reduce reimbursement of the deductible based on the proportion that the actual recovery bears to the suit or settlement total of our payment and the deductible . If we retain counsel, a proportionate share of collection expenses and attorney fees incurred in order to make a claim under Part B – Medical Payments Coverage or Part D – Coverage for Damage to Your Covered Vehicleconnec- tion with these recovery efforts will also reduce reimbursement of the deductible . These provisions will be applied in accordance with state law .

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 VehicleAuto, 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 Coverage, or Part D – Coverage for Damage to Your Covered VehicleAuto.