• Our subrogation and reimbursement rights apply to full and partial settlements, judgments, or other
recoveries paid or payable to you or your representative, your Estate, your heirs and beneficiaries,
no matter how those proceeds are captioned or characterized. Payments include, but are not
limited to, economic, non-economic, pecuniary, consortium and punitive damages. We are not
required to help you to pursue your claim for damages or personal injuries and no amount of
associated costs, including attorneys' fees, shall be deducted from our recovery without our
express written consent. No so-called "Fund Doctrine" or "Common Fund Doctrine" or "Attorney's
Fund Doctrine" shall defeat this right.
• Regardless of whether you have been fully compensated or made whole, we may collect from you
the proceeds of any full or partial recovery that you or your legal representative obtain, whether in
the form of a settlement (either before or after any determination of liability) or judgment, no matter
how those proceeds are captioned or characterized. Proceeds from which we may collect include,
but are not limited to, economic, non-economic, and punitive damages. No "collateral source" rule,
any "Made-Whole Doctrine" or "Make-Whole Doctrine," claim of unjust enrichment, nor any other
equitable limitation shall limit our subrogation and reimbursement rights.
• Benefits paid by us may also be considered to be Benefits advanced.
• If you receive any payment from any party as a result of Sickness or Injury, and we allege some or
all of those funds are due and owed to us, you and/or your representative shall hold those funds in
trust, either in a separate bank account in your name or in your representative's trust account.
• By participating in and accepting Benefits under the Policy, you agree that (i) any amounts
recovered by you from any third party shall constitute Policy assets (to the extent of the amount of
Benefits provided on behalf of the Covered Person), (ii) you and your representative shall be
fiduciaries of the Policy (within the meaning of ERISA) with respect to such amounts, and (iii) you
shall be liable for and agree to pay any costs and fees (including reasonable attorney fees)
incurred by us to enforce its reimbursement rights.
• Our right to recovery will not be reduced due to your own negligence.
• By participating in and accepting Benefits from us, you agree to assign to us any benefits, claims or
rights of recovery you have under any automobile policy - including no-fault benefits, PIP benefits
and/or medical payment benefits - other coverage or against any third party, to the full extent of the
Benefits we have paid for the Sickness or Injury. By agreeing to provide this assignment in
exchange for participating in and accepting benefits, you acknowledge and recognize our right to
assert, pursue and recover on any such claim, whether or not you choose to pursue the claim, and
you agree to this assignment voluntarily.
• We may, at our option, take necessary and appropriate action to preserve our rights under these
provisions, including but not limited to, providing or exchanging medical payment information with
an insurer, the insurer's legal representative or other third party; filing an ERISA reimbursement
lawsuit to recover the full amount of medical benefits you receive for the Sickness or Injury out of
any settlement, judgment or other recovery from any third party considered responsible; and filing
suit in your name or your Estate's name, which does not obligate us in any way to pay you part of
any recovery we might obtain. Any ERISA reimbursement lawsuit stemming from a refusal to
refund Benefits as required under the terms of the Policy is governed by a six-year statute of
limitations.
• You may not accept any settlement that does not fully reimburse us, without our written approval.
• We have the authority to resolve all disputes regarding the interpretation of the language stated
herein.
• In the case of your death, giving rise to any wrongful death or survival claim, the provisions of this
section apply to your estate, the personal representative of your estate, and your heirs or
beneficiaries. In the case of your death our right of reimbursement and right of subrogation shall
apply if a claim can be brought on behalf of you or your estate that can include a claim for past