Common use of Subrogation and Reimbursement Clause in Contracts

Subrogation and Reimbursement. 1. In the event a Participant is legally entitled to recover all or a portion of the cost of a service or a prescription drug covered by this Plan from a third party, the Employer will, upon making payment under this Plan, succeed to any rights of recovery the Participant may have or acquire (with respect to such service or prescription drug) against any individual or organization except insurers of individual hospital, surgical or medical policies issued to the Participant. 2. Participants, by acceptance of such benefit payments, agree to furnish such information and assistance and execute such assignments and other instruments as the Employer may reasonably request to facilitate enforcement of the successor rights of the Employer. Participants shall take no action prejudicing such rights of the Employer. 3. An Employee who is required to appear and defend against a civil action involving this subrogation provision shall be compensated for time lost from his or her regular scheduled shift. The rate of pay shall be the Employee's "average hourly earnings" (as determined pursuant to Part II, Article IV).