RIGHTS OF REIMBURSEMENT AND SUBROGATION Clause Samples
RIGHTS OF REIMBURSEMENT AND SUBROGATION. If we provide or pay for services to treat an injury or illness caused by the act or omission of another party and you receive full recovery from such party, we have the right to recover the value of those services and payments made. This right shall be by reimbursement and subrogation. We will be entitled to promptly collect the reasonable value of our subrogation rights from said settlement fund. Full recovery does not include payments made by the health plan to you or on your behalf. The right of subrogation means that we may make claim in your name or our name against any persons, organizations or insurers on account of such injury or illness. The rights of reimbursement and subrogation applies to any type of recovery from any third party, including but not limited to recoveries from tortfeasors, underinsured motorist coverage, uninsured motorist coverage, other substitute coverage or any other right of recovery, whether based on tort, contract, equity or any other theory of recovery. If you make a claim against a collateral source for damages that include repayment for medical and medically related expenses covered under this Contract, you are required to provide timely notice to us in writing. Our subrogation right will be reduced by a pro rata share of costs, disbursements, reasonable attorney fees and other expenses unless we are separately represented by an attorney. If we are separately represented by an attorney, we may enter into an agreement regarding allocation of costs. If an agreement cannot be reached regarding allocation, the matter shall be submitted to binding arbitration. Our rights under this part are subject to Minnesota Law. You should consult an attorney for information about the effect of Minnesota Law on our subrogation rights. COORDINATION OF BENEFITS You agree, as a member, to permit us to coordinate our obligations under this Contract with payments under any other health benefit plans as specified below, which cover you or your dependents. You also agree to provide any information or submit any claims to other health benefit plans necessary for this purpose. If you fail to provide this information, your claim may be delayed or denied. You agree to authorize our billing to other health plans, for purposes of coordination of benefits. Unless applicable federal or state law prevents disclosure of the information without the consent of the patient or the patient's representative, each person claiming benefits under this Contract...
RIGHTS OF REIMBURSEMENT AND SUBROGATION. (a) In case any payment is made on account of the Obligations by the Guarantor or is received or collected on account of the Obligations from the Guarantor or its property, if such payment is made by the Guarantor or from its property in respect of the Obligations, the Guarantor shall be entitled, subject to and upon (but not before) a Discharge of the Obligations, to demand and enforce reimbursement for the full amount of such payment from the Borrower. For purposes of the foregoing, all guarantees of the Guarantor other than the guaranty under Section 2 hereof will be deemed to be enforceable and payable after the guaranty under Section 2 hereof.
(b) If and whenever (after Discharge of the Obligations) any right of reimbursement becomes enforceable by the Guarantor against the Borrower whether under Section 2.4(a) or otherwise, the Guarantor shall be entitled, subject to and upon (but not before) a Discharge of the Obligations, to be subrogated to any security interest that may then be held by the Collateral Agent upon any Collateral granted to it under the Facility Documents. Any right of subrogation of the Guarantor shall be enforceable solely after a Discharge of the Obligations and solely against the Borrower, and not against the Lender Parties, and neither the Administrative Agent nor any other Lender Party shall have any duty whatsoever to warrant, ensure or protect any such right of subrogation or to obtain, perfect, maintain, hold, enforce or retain any Collateral for any purpose related to any such right of subrogation. If subrogation is demanded by the Guarantor, then, after Discharge of the Obligations, the Administrative Agent shall deliver to the Guarantor, or to a representative of the Guarantor, an instrument satisfactory to the Administrative Agent transferring, on a quitclaim basis without any recourse, representation, warranty or any other obligation whatsoever, whatever security interest the Collateral Agent then may hold in whatever Collateral may then exist that was not previously released or disposed of by the Collateral Agent.
(c) All rights and claims arising under this Section 2.4 or based upon or relating to any other right of reimbursement, indemnification, contribution or subrogation that may at any time arise or exist in favor of the Guarantor as to any payment on account of either (x) the Obligations or (y) any other obligation that is secured by any collateral that also secures the Obligations, in each case made by it or re...