Claims and Appeal Procedures Sample Clauses

Claims and Appeal Procedures. Any Employee who believes that he is entitled to receive a benefit under this Article V shall file a claim in writing with the third party administrator engaged by the Company to administer the Plan provided for in this Article III. If after the claims and appeals procedures of such administrator (which procedures are hereby incorporated by reference) are exhausted the claim is wholly or partially denied, the Employee may appeal the decision to the Pension Board by following the procedures set forth in Article I, Section
Sample 1Sample 2See All (4)
AutoNDA by SimpleDocs
Claims and Appeal Procedures. Any Employee or spouse who believes that he is entitled to receive a benefit under this Article I shall file a claim in writing with the applicable insurance company. If after the claims and appeal procedures of the insurance company (which procedures are hereby incorporated by reference) are exhausted the claim is wholly or partially denied, the Employee or spouse may appeal the decision of the insurance company to the Pension Board by following the procedures set forth in Part II, Article II, Section VIII.B. Adverse decisions made by the Pension Board may be taken up as a grievance under the procedures provided in Article II, Section VIII.F. PART II, ARTICLE II
Sample 1Sample 2
Claims and Appeal Procedures. The Trustees shall adopt a claims and appeal procedure that complies with XXXXX. No person shall have any legal or equitable right or claim against an Association, the Union, or the Trustees unless the right or claim is specifically provided in the Trust Agreement, as amended from time to time, or any Plan adopted by the Trustees pursuant to this Trust Agreement, or is conferred by affirmative action of the appropriate fiduciaries by authority specifically delegated to them. No interested party may bring an action in any court on any matter arising out of the Plan or this Trust Agreement, the determination of which is otherwise provided for in the Trust Agreement, until the procedure provided in this Trust Agreement or any Plan adopted by the Trustees, shall have been exhausted and a decision made with respect to it. If any dispute or question arises concerning the beneficiaries to whom any benefits or payments should be paid, or to whom any other assets of the Trust should be delivered, the Trustees may withhold such action or payments until the dispute or question is determined under the appropriate provisions of the Plan or this Trust Agreement. The Trustees may, in the event of competing claims, in their discretion, deposit any sum claimed by the tow or more parties in escrow and notify the disputants of the willingness of the Trust to deliver this sum so deposited to whomever should establish a right to the sum through appropriate court action and, in such an event, Trustees shall have no obligation to participate in any litigation between the disputants.
Sample 1
Claims and Appeal Procedures. The Committee shall establish claims and appeals procedures in accordance with Department of Labor regulation § 2560.503-1.
Sample 1
Claims and Appeal Procedures. 11 Section 7.1
Sample 1
Claims and Appeal Procedures. 11 Section 7.1 Claims Review................................................................................11 Section 7.2 Appeals Review...............................................................................11 Section 7.3 Mandatory Arbitration........................................................................12 ARTICLE 8
Sample 1
Claims and Appeal Procedures. PART II, ARTICLE VI - GENERAL PROVISIONS GENERAL PROVISIONS OF PART II ...................................................................................... PART III - SAVINGS PLAN I - DEFINITIONS ...........................................................................................................................
Sample 1
AutoNDA by SimpleDocs
Claims and Appeal Procedures. Any Employee who believes that he is entitled to receive a benefit under this Article V shall file a claim in writing with the third party administrator engaged by the Company to administer the Plan provided for in this Article V. If after the claims and appeals procedures of such administrator (which procedures are hereby incorporated by reference) are exhausted the claim is wholly or partially denied, the Employee may appeal the decision to the Pension Board by following the procedures set forth in Part II, Article II, Section VIII.B. Adverse decisions made by the Pension Board may be taken up as a grievance under the procedures provided in Article II, Section VIII.F. PART II, ARTICLE VI General Provisions of Part II
Sample 1

Related to Claims and Appeal Procedures

  • Claims and Review Procedures 6.1 For all claims other than Disability benefits:

  • Claim Procedures Claim forms or claim information as to the subject policy can be obtained by contacting Benmark, Inc. (800-544-6079). When the Named Fiduciary has a claim which may be covered under the provisions described in the insurance policy, they should contact the office named above, and they will either complete a claim form and forward it to an authorized representative of the Insurer or advise the named Fiduciary what further requirements are necessary. The Insurer will evaluate and make a decision as to payment. If the claim is payable, a benefit check will be issued in accordance with the terms of this Agreement. In the event that a claim is not eligible under the policy, the Insurer will notify the Named Fiduciary of the denial pursuant to the requirements under the terms of the policy. If the Named Fiduciary is dissatisfied with the denial of the claim and wishes to contest such claim denial, they should contact the office named above and they will assist in making an inquiry to the Insurer. All objections to the Insurer's actions should be in writing and submitted to the office named above for transmittal to the Insurer.

  • Appeal Procedure The Appeal will be deemed an appeal of the entire Arbitration Award. In conducting the Appeal, the Appeal Panel shall conduct a de novo review of all Claims described or otherwise set forth in the Arbitration Notice. Subject to the foregoing and all other provisions of this Paragraph 5, the Appeal Panel shall conduct the Appeal in a manner the Appeal Panel considers appropriate for a fair and expeditious disposition of the Appeal, may hold one or more hearings and permit oral argument, and may review all previous evidence and discovery, together with all briefs, pleadings and other documents filed with the Original Arbitrator (as well as any documents filed with the Appeal Panel pursuant to Paragraph 5.4(a) below). Notwithstanding the foregoing, in connection with the Appeal, the Appeal Panel shall not permit the parties to conduct any additional discovery or raise any new Claims to be arbitrated, shall not permit new witnesses or affidavits, and shall not base any of its findings or determinations on the Original Arbitrator’s findings or the Arbitration Award.

  • Claims and Review Procedure In the event that any claim for benefits that must initially be submitted in writing to the Board of Directors, is denied (in whole or in part) hereunder, the claimant shall receive from First Charter a notice of denial in writing within 60 days, written in a manner calculated to be understood by the claimant, setting forth the specific reasons for denial, with specific reference to pertinent provisions of this Supplemental Agreement. Any disagreements about such interpretations and construction shall be submitted to an arbitrator subject to the rules and procedures established by the American Arbitration Association. The arbitrator shall be acceptable to both First Charter and the Executive (or Beneficiary); if the parties cannot agree on a single arbitrator, the disagreement shall be heard by a panel of three arbitrators, with each party to appoint one arbitrator and the third to be chosen by the other two. No member of the Board of Directors shall be liable to any person for any action taken under Article VIII except those actions undertaken with lack of good faith.

  • Direct Claim Procedures In the event an Indemnified Party has a claim for indemnity under Section 7.02 against the Indemnifying Party that does not involve a Third Party Claim, the Indemnified Party agrees to give notice in writing of such claim to the Indemnifying Party. Such notice shall set forth in reasonable detail such claim and the basis for indemnification (taking into account the information then available to the Indemnified Party). The failure to so notify the Indemnifying Party shall not relieve the Indemnifying Party of its obligations hereunder, except to the extent such failure shall have actually materially and adversely prejudiced the Indemnifying Party. If the Indemnifying Party does not notify the Indemnified Party within thirty (30) days following the receipt of a notice with respect to any such claim that the Indemnifying Party disputes its indemnity obligation to the Indemnified Party for any Losses with respect to such claim, such Losses shall be conclusively deemed a liability of the Indemnifying Party and the Indemnifying Party shall promptly pay to the Indemnified Party any and all Losses arising out of such claim. If the Indemnifying Party has timely disputed its indemnity obligation for any Losses with respect to such claim, the parties shall proceed in good faith to negotiate a resolution of such dispute and, if not resolved through such negotiations, such dispute shall be resolved by arbitration determined pursuant to Section 9.06.

  • Claims Procedures Each Party entitled to be indemnified by the other Party (an “Indemnified Party”) pursuant to Section 8.1 or 8.2 hereof shall give notice to the other Party (an “Indemnifying Party”) promptly after such Indemnified Party has actual knowledge of any threatened or asserted claim as to which indemnity may be sought, and shall permit the Indemnifying Party to assume the defense of any such claim or any litigation resulting therefrom; provided:

  • Claims and Suits (a) The Receiver shall have the right, in its discretion, to (i) defend or settle any claim or suit against the Assuming Bank with respect to which the Receiver has indemnified the Assuming Bank in the same manner and to the same extent as provided in Article XII, and (ii) defend or settle any claim or suit against the Assuming Bank with respect to any Liability Assumed, which claim or suit may result in a loss to the Receiver arising out of or related to this Agreement, or which existed against the Failed Bank on or before Bank Closing. The exercise by the Receiver of any rights under this Section 9.3(a) shall not release the Assuming Bank with respect to any of its obligations under this Agreement.

  • Third Party Claim Procedures (a) The Indemnified Party seeking indemnification under Section 7.02 agrees to give reasonably prompt notice in writing to Indemnifying Party of the assertion of any claim or the commencement of any suit, action or proceeding by any third party (“Third Party Claim”) in respect of which indemnity may be sought under Section 7.02. Such notice shall set forth in reasonable detail such Third Party Claim and the basis for indemnification (taking into account the information then available to the Indemnified Party). The failure to so notify the Indemnifying Party shall not relieve the Indemnifying Party of its obligations hereunder, except to the extent such failure shall have actually materially and adversely prejudiced the Indemnifying Party.

  • Arbitration Procedures In the event that the employee and the School Board are unable to resolve any grievance, the grievance may be submitted to arbitration as defined herein:

  • Claim Procedure Any Person entitled to indemnification hereunder shall (i) give prompt written notice to the indemnifying party of any claim with respect to which it seeks indemnification (provided that the failure to give prompt notice shall impair any Person’s right to indemnification hereunder only to the extent such failure has prejudiced the indemnifying party) and (ii) unless in such indemnified party’s reasonable judgment a conflict of interest between such indemnified and indemnifying parties may exist with respect to such claim, permit such indemnifying party to assume the defense of such claim with counsel reasonably satisfactory to the indemnified party. If such defense is assumed, the indemnifying party shall not be subject to any liability for any settlement made by the indemnified party without its consent (but such consent shall not be unreasonably withheld, conditioned or delayed). An indemnifying party who is not entitled to, or elects not to, assume the defense of a claim shall not be obligated to pay the fees and expenses of more than one counsel for all parties indemnified by such indemnifying party with respect to such claim, unless in the reasonable judgment of any indemnified party a conflict of interest may exist between such indemnified party and any other of such indemnified parties with respect to such claim. In such instance, the conflicted indemnified parties shall have a right to retain one separate counsel, chosen by the Holders representing a majority of the Registrable Securities included in the registration if such Holders are indemnified parties, at the expense of the indemnifying party.

Time is Money Join Law Insider Premium to draft better contracts faster.