Right of Reimbursement: In addition to any other requirements
set forth in the Code or Department regulations, if an insurer includes a
reimbursement provision in its policy, that provision shall be in the form set
forth in subsection (a)(1) if the insurer has the right to first reimbursement,
or subsection (b) if the insurer does not have the right to first
reimbursement:
a) "If a covered person
recovers expenses for sickness or injury that occurred due to the negligence of
a third party, we have the right to first reimbursement for all benefits we
paid from any and all damages collected from the negligent third party for
those same expenses whether by action at law, settlement, or compromise, by the
covered person, the covered person's parents if the covered person is a minor,
or the covered person's legal representative as a result of that sickness or
injury. You are required to furnish any information or assistance, or provide
any documents that we may reasonably require in order to exercise our rights
under this provision. This provision applies whether or not the third party
admits liability."
b) "If a covered
person recovers expenses for sickness or injury that occurred due to the
negligence of a third party, we have the right to reimbursement for all
benefits we paid from any and all damages collected from the negligent third
party for those same expenses whether by action at law, settlement, or
compromise, by the covered person, covered person's parents if the covered
person is a minor, or covered person's legal representative as a result of that
sickness or injury. You are required to furnish any information or assistance,
or provide any documents that we may reasonably require in order to exercise
our rights under this provision. This provision applies whether or not the
third party admits liability."
