Common use of Third Party Action Clause in Contracts

Third Party Action. No third-party action is pending or contemplated as a result of the injuries of the case(s). In the event third-party claims are pursued, the insurer(s), SDF and SFG have preserved and would be entitled to liens pursuant to WCL § 29 for all payments made prior and pursuant to this agreement against any recoveries that may be derived from such claims. The claimant waives any right to petition the Board or any other court of competent jurisdiction for any additional monies representing the insurer’s equitable share of the claimant’s litigation expenses relating to the third-party action as otherwise permitted pursuant to Matter of Xxxxx v State Insurance Fund, 60 NY2d 131 (1983); Matter of Xxxxx v Xxxxxxxx, 9 NY3d 207 (2007); Matter of Bissell v Town of Amherst, 18 NY3d 697 (2012), as applicable to the case(s).

Third Party Action. No third-party action is pending or contemplated as a result of the injuries of the case(s). In the event third-party claims are pursued, the insurer(s), WAMO, SDF and SFG have preserved and would be entitled to liens pursuant to WCL § 29 for all payments made prior and pursuant to this agreement against any recoveries that may be derived from such claims. The claimant waives any right to petition the Board or any other court of competent jurisdiction for any additional monies representing the insurer’s equitable share of the claimant’s litigation expenses relating to the third-party action as otherwise permitted pursuant to Matter of Xxxxx v State Insurance Fund, 60 NY2d 131 (1983); Matter of Xxxxx v Xxxxxxxx, 9 NY3d 207 (2007); Matter of Bissell v Town of Amherst, 18 NY3d 697 (2012), as applicable to the case(s).. W‐32‐IM Page 6 of 7

Third Party Action. No third-party action is pending or contemplated as a result of the injuries of the case(s). In the event third-party claims are pursued, the insurer(s), WAMO, SDF and SFG have preserved and would be entitled to liens pursuant to WCL § 29 for all payments made prior and pursuant to this agreement against any recoveries that may be derived from such claims. The claimant waives any right to petition the Board or any other court of competent jurisdiction for any additional monies representing the insurer’s equitable share of the claimant’s litigation expenses relating to the third-party action as otherwise permitted pursuant to Matter of Xxxxx v State Insurance Fund, 60 NY2d 131 (1983); Matter of Xxxxx v Xxxxxxxx, 9 NY3d 207 (2007); Matter of Bissell v Town of Amherst, 18 NY3d 697 (2012), as applicable to the case(s).