Common use of Third Party Liability Clause in Contracts

Third Party Liability. If a covered Person is injured or becomes ill due to the act or omission of another person (a “third party”), Blue Shield of California shall, with respect to Services re- quired as a result of that injury, provide the Ben- efits of the Plan and have an equitable right to restitution, reimbursement or other available remedy to recover the amounts Blue Shield of California paid for Services provided to the cov- ered Person on a fee-for-service basis from any recovery (defined below) obtained by or on be- half of the Subscriber, from or on behalf of the third party responsible for the injury or illness or from uninsured/underinsured motorist coverage. Blue Shield of California’s right to restitution, re- imbursement or other available remedy is against any recovery the Subscriber receives as a result of the injury or illness, including any amount awarded to or received by way of court judgment, arbitration award, settlement or any other ar- rangement, from any third party or third party in- surer, or from uninsured or underinsured motorist coverage, related to the illness or injury (the “Re- covery”), without regard to whether the Sub- xxxxxxx has been “made whole” by the Recovery. Blue Shield of California’s right to restitution, re- imbursement or other available remedy is with respect to that portion of the total Recovery that is due Blue Shield of California for the Benefits it paid in connection with such injury or illness, calculated in accordance with California Civil Code section 3040. The covered Person is required to:

Third Party Liability. If a covered Person is injured or becomes ill due to the act or omission of another person (a “third party”), Blue Shield of California shall, with respect to Services re- quired required as a result of that injury, provide the Ben- efits Benefits of the Plan and have an equitable right to restitution, reimbursement or other available remedy to recover re- cover the amounts Blue Shield of California paid for Services provided to the cov- ered covered Person on a fee-for-service basis from any recovery (defined below) obtained by or on be- half behalf of the Subscriber, from or on behalf of the third party responsible for the injury or illness or from uninsuredunin- sured/underinsured motorist coverage. Blue Shield of California’s right to restitution, re- imbursement or other available remedy is against any recovery the Subscriber receives as a result of the injury or illness, including any amount awarded award- ed to or received by way of court judgment, arbitration arbi- tration award, settlement or any other ar- rangementarrangement, from any third party or third party in- surerinsurer, or from uninsured or underinsured motorist motor- ist coverage, related to the illness or injury (the “Re- coveryRecovery”), without regard to whether the Sub- xxxxxxx has been “made whole” by the Recovery. Blue Shield of California’s right to restitution, re- imbursement or other available remedy is with respect re- spect to that portion of the total Recovery that is due Blue Shield of California for the Benefits it paid in connection with such injury or illness, calculated cal- culated in accordance with California Civil Code section 3040. The covered Person is required to: