Common use of No Execution Clause in Contracts

No Execution. All funds in the Litigation Facility are deemed in custodia legis, and no Claimant or any other party can execute upon, garnish or attach the Litigation Facility estate in any manner or compel payment from the Litigation Facility of any Litigation Facility Obligation. Payment of Litigation Facility Obligations will be governed solely by the Plan, this Agreement and the Claims Resolution Procedures specified herein, the Settlement Facility Agreement and the Funding Payment Agreement. In order to receive payment for a Subrogation or Reimbursement Claim a Subrogation Claimant must meet all of the following requirements, to the extent such requirements are consistent with governing law: 1. Identify by name and social security number the individual Claimant whose medical expenses gave rise to the Subrogation Claim. 2. Show that the implant(s) of the Claimant with respect to whose claim subrogation is being sought was (were) manufactured by DCC. 3. Prove that the items and services for which payment was made under the plan or policy were necessitated by the implantation of a DCC product, i.e., that the DCC implant was the proximate cause of the condition necessitating the items and services the payment for which gave rise to the Subrogation Claim. 4. Identify the actual dollar amount of the Subrogation Claim, and the specific items and services for which such amounts were paid. 5. Show that the Claimant was covered under a plan or policy of the Subrogation Claimant at the time the medical expenses were incurred with respect to which subrogation is being sought. 6. Show that the terms of the plan or policy in effect at the time the Subrogation Claim arose provide the plan or insurer with subrogation rights against a third party payor and not merely reimbursement rights against recoveries by the covered individual. 7. Show that medical expenses that give rise to the Subrogation Claim were properly payable under the terms of the plan or policy (e.g., were the expenses medically necessary, were the amounts paid reasonable and customary, were the amounts paid not subject to copayments and deductibles, were the items and services provided for non-cosmetic purposes or that the plan or policy paid for cosmetic procedures). 8. Show that the coordination of benefits ("COB") provision does not state that the amounts claimed as subject to subrogation were properly the payment obligation of another plan or policy, and that no other third party payor has paid all or part of the Subrogation claim. 9. Identify whether managed care contracts existed to reduce the amount of the Subrogation Claim and identify whether such amounts were properly calculated. 10. Identify any copayment or deductible amounts which were paid by the claimant with respect to the items and services for which subrogation is being sought, and whether the Claimant has been reimbursed for those amounts from other sources. 11. Show that the state law governing Subrogation Claim allowed for the policies to be issued which grant the insurer the right to be subrogated to the claims of the covered individual against a tortfeasor. If the Subrogation Claimant is an ERISA Plan, show that the Plan’s language provides for the subrogation rights being asserted. 12. Show that the state law governing the Subrogation Claim allows for the insurer to recover by way of subrogation the amounts paid for the medical expenses of the Claimant. For example, does the state law allow for subrogation by an insurer if (a) the underlying claimant is not made whole, whether or not the recovery is for more than the amount of medical expenses at issue, (b) the contract provides for subrogation rights whether or not the Claimant has been fully compensated for her or his loss or (c) the underlying claimant has not included medical expenses as an element of damages and/or medical expenses are not in fact part of the recovery by the underlying claimant. 13. Show that in fact the Subrogation Claimant is entitled to subrogation with respect to the Claimant under such applicable state law. 14. Show that the Subrogation Claim has not been resolved, waived, assigned or released by any agreement with Commercial Health Insurers or Government Payors.