If you are entitled to special damages for an illness or injury caused by a third party or for which any party is liable, you agree that we have a claim for subrogation as to those damages. Our subrogation claim is for the reasonable value of the medical care and services you receive related to that illness or injury.
We have the right to recover payments you are entitled to receive from: a responsible third party, the insurance company of the third party, a company that provides medical payment coverage, Workers Compensation coverage, or uninsured or underinsured motorist protection for you.
You agree to honor our subrogation rights, to cooperate with us in the enforcement of our subrogation rights, and to take no action, which would prejudice our subrogation rights and interests without first obtaining our prior consent, so we may protect such rights and interests.
We may be entitled to recover directly from a third party, the third party’s insurer or any other liable insurer. You agree to provide us with written notice of any claim or lawsuit that you initiate against a third party, if that claim or lawsuit includes any special damages for an illness or injury.
You also agree that any settlement or compromise of a claim or lawsuit will not terminate our rights to subrogation, unless we have provided prior written consent. Before any settlement is reached, you must notify the third party or parties of the amount of our subrogation claim.