Subrogation Rights. 9.01.01 All members covered by Plans provided for in this Agreement do hereby on their behalf and on behalf of their dependents assign to the City, in consideration of coverage pursuant to the terms of said Plans, all rights of recovery against any person (including the City itself, or any person for whom whose actions the City is vicariously liable) whose action caused or contributed to an occurrence giving rise to the Plans making payments to any members or their dependents. The City shall thereby subrogate to any rights members or their dependents may have against any such responsible party, for any amounts paid pursuant to the said Plans or for which the Plans have assumed liability. When the net amount recovered is, after deduction of the costs of recovery, not sufficient to provide complete indemnity for the loss suffered, the amount remaining shall be divided between the City and the member in the proportion by which the loss has been borne by them.
Appears in 11 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Subrogation Rights. 9.01.01 10.01.01 All members covered by Plans plans provided for in this Agreement do hereby on their behalf and on behalf of their dependents assign to the City, in consideration of coverage pursuant to the terms of said Plansplans, all rights of or recovery against any person (including the City itself, or any person for whom whose actions the City is vicariously liable) whose action caused or contributed to an occurrence giving rise to the Plans plans making payments to any members such member or their dependents. The City shall thereby subrogate to any rights members the member or their dependents may have against any such the responsible party, for any amounts paid pursuant to the said Plans plans or for which the Plans plans have assumed liability. When the net amount recovered is, after deduction of the costs of recovery, not sufficient to provide complete indemnity for the loss suffered, the amount remaining shall be divided between the City and the member in the proportion by which the loss has been borne by them.
Appears in 1 contract
Samples: Collective Agreement
Subrogation Rights. 9.01.01 10.01.01 All members covered by Plans plans provided for in this Agreement do hereby on their behalf and on behalf of their dependents assign to the City, in consideration of coverage pursuant to the terms of said Plansplans, all rights of or recovery against any person (including the City itself, or any person for whom whose actions the City is vicariously liable) whose action caused or contributed to an occurrence giving rise to the Plans plans making payments to any members such member or their his/her dependents. The City shall thereby subrogate to any rights members the member or their his/her dependents may have against any such the responsible party, for any amounts paid pursuant to the said Plans plans or for which the Plans plans have assumed liability. When the net amount recovered is, after deduction of the costs of recovery, not sufficient to provide complete indemnity for the loss suffered, the amount remaining shall be divided between the City and the member in the proportion by which the loss has been borne by them.
Appears in 1 contract
Samples: Collective Agreement
Subrogation Rights. 9.01.01 All members covered by Plans plans provided for in this Agreement do hereby on their behalf and on behalf of their dependents assign to the City, in consideration of coverage pursuant to the terms of said Plansplans, all rights of or recovery against any person (including the City itself, or any person for whom whose actions the City is vicariously liable) whose action caused or contributed to an occurrence giving rise to the Plans plans making payments to any members such member or their dependents. The City shall thereby subrogate to any rights members the member or their dependents may have against any such the responsible party, for any amounts paid pursuant to the said Plans plans or for which the Plans plans have assumed liability. When the net amount recovered is, after deduction of the costs of recovery, not sufficient to provide complete indemnity for the loss suffered, the amount remaining shall be divided between the City and the member in the proportion by which the loss has been borne by them.
Appears in 1 contract
Samples: Collective Agreement
Subrogation Rights. 9.01.01 28.01.01 All members covered by Plans plans provided for in this Agreement do hereby on their behalf and on behalf of their dependents assign to the City, in consideration of coverage pursuant to the terms of said Plansplans, all rights of or recovery against any person (including the City itself, or any person for whom whose actions the City is vicariously liable) whose action caused or contributed to an occurrence giving rise to the Plans plans making payments to any members such member or their dependents. The City shall thereby subrogate to any rights members the member or their dependents may have against any such the responsible party, for any amounts paid pursuant to the said Plans plans or for which the Plans plans have assumed liability. When the net amount recovered is, after deduction of the costs of recovery, not sufficient to provide complete indemnity for the loss suffered, the amount remaining shall be divided between the City and the member in the proportion by which the loss has been borne by them.
Appears in 1 contract
Samples: Collective Agreement