REIMBURSEMENT AND SUBROGATION. When a covered person’s injury appears to be someone else’s fault, benefits otherwise payable under this Policy for Covered Medical Expenses incurred as a result of that injury will not be paid unless the covered person or his legal representative agrees:
REIMBURSEMENT AND SUBROGATION. Unless prohibited by the Florida Motor Vehicle No-Fault Law, and in the event of payment to or for the benefit of any insured person under this insurance:
REIMBURSEMENT AND SUBROGATION. In the event of recovery by the injured person, such person’s dependents or personal representatives by judgment, settlement or otherwise against a tortfeasor pursuant to K.S.A. 40-3117, or the law of the appropriate jurisdiction, WE shall be subrogated to the extent of duplicative personal injury protection benefits provided to date of such recovery and shall have a lien against such recovery and WE may intervene in any action to protect and enforce such lien. Whenever any judgment in any such action, settlement or recovery otherwise shall be recovered by the injured person, such person’s dependents or personal representatives prior to the completion of personal injury protection benefits, the amount of such judgment, settlement or recovery otherwise actually paid and recovered which is in excess of the amount of personal injury protection benefits paid to the date of recovery or such judgment, settlement or recovery otherwise shall be credited against future payments of said personal injury protection benefits. In the event an injured person, such person’s dependents or personal representative fails to commence an action against such tortfeasor within 18 months after the date of the auto accident resulting in bodily injury, such failure shall operate as an assignment to US of any cause of action in tort which the injured person, the dependents of such person or personal representatives of such person may have against such tortfeasor for the purpose and to the extent of recovery of damages which are duplicative of personal injury protection benefits. WE may enforce the same in such person’s own name or in the name of the injured person, representative or dependents of the injured person for their benefit as their interest may appear by proper action in any court of competent jurisdiction. In the event of a recovery pursuant to K.S.A. 60-258a, and amendments thereto, OUR right of subrogation shall be reduced by the percentage of negligence attributable to the injured person. Pursuant to this section, the court shall fix attorney fees which shall be paid proportionately by US and the injured person, such person’s dependents or personal representatives in the amounts determined by the court.
REIMBURSEMENT AND SUBROGATION. (a) Subject to the provisions of Section 8, 9 and 10 hereof, upon a determination of the amount of any Loss for which indemnification is sought thereunder, either by payment for the Loss claimed or by entry of a final judgment, order or decree (after exhaustion or expiration of appeal rights) by a court of competent jurisdiction, and of the Indemnifying Party's liability for such Loss under this Agreement, then the Indemnifying Party shall forthwith, upon written notice from the Indemnified Party, reimburse such Indemnified Party for the amount of such Loss. To the extent that any Loss is paid hereunder, the Indemnified Party shall do all things reasonably requested by the Indemnifying Party to subrogate to the Indemnifying Party any rights of recovery (including rights to insurance or indemnification from persons other than the Indemnifying Party) which the Indemnified Party may have with respect to the Loss.
