Common use of Third Party Claims Process Clause in Contracts

Third Party Claims Process. The Region’s claims process for Third Party claims is to refer the claimant directly to the Vendor and to leave the resolution of the claim with the Vendor. This applies regardless of whether or not it is an insured loss. As the Region has a responsibility to the taxpayers, we must ensure that claimants are dealt with in a fair and efficient manner. Claims reported to the Vendor, either directly by a third party or through the Region shall be promptly investigated by the Vendor. The Vendor shall make contact with the third party claimant within 48 hours of receipt of notice of a claim. The Vendor shall initiate an investigation of the claim immediately upon notice, and advise the third party claimant in writing, with a copy to the Region, of the status of their claim within 20 business days of the notice. Upon resolution of the claim, the Vendor shall issue a letter to the claimant, with a copy to the Region, which will include the reasons for their position. Should this position not resolve the claim and be accepted by the third party claimant, the Vendor shall immediately report the claim to its Insurer for a further review. (Insurer for this purpose is defined as either the Claims Department of the Vendor’s Insurance Company or the Claim’s Administrator at the Vendor’s Insurance Broker.)The Vendor’s Insurer upon receipt of this claim shall advise the third party claimant by letter, with a copy to the Region, that they are now investigating the claim. When a final position on the claim has been determined, the Vendor’s Insurer shall advise the third party claimant by letter, with a copy to the Region. Failure to follow this procedure shall permit the Region to investigate and resolve any such claims. Nothing herein shall limit the right of the Region to investigate and resolve any such claims notwithstanding the response of the Vendor and/or its Insurer and to seek indemnification from the Vendor or to exercise any other rights under this Agreement. The Region may, without breaching this Agreement, retain from the funds owing to the Vendor an amount that, as between the Region and the Vendor, is equal to the balance in the Region’s favour of all outstanding debts, claims or damages, whether or not related to this Agreement.