89 the Fund, at its discretion, makes an advance and inadvertently pays benefits in the absence of a reimbursement agreement. The Fund’s standard administrative procedure will be used to determine whether a third party might potentially be held liable in connection with an accident or injury. Claims will not be paid until this determination is made. If it is determined that the claim may be the result of a third party’s negligence or other misconduct, the Fund will not process any claims without a properly signed Reimbursement Agreement and Consent to Lien along with acknowledgement by the claimant’s attorney, both executed without alteration or other conditions. Sources of Payment The Plan’s sources of payment through subrogation or reimbursement are as follows: • Money from a responsible party or third party that you, your family members, your guardian, or other representatives or beneficiaries receive or are entitled to receive; • Any constructive trust that is imposed on the proceeds of any settlement, verdict or other amount that you, your family members, your guardian, or other representatives or beneficiaries receive; • Any liability or other insurance (for example, uninsured motorist, underinsured motorist, medical payments, no-fault, school, homeowners, or excess or umbrella coverage) that is paid or payable. Cooperation with the Plan by All Covered Persons By accepting an advance for related claim payment, every claimant agrees to do nothing that will waive, compromise, diminish, release or otherwise prejudice the Fund’s reimbursement rights. By accepting an advance payment for related claims to an injury, every claimant agrees to notify and consult with the Board of Trustees, its Fund Office or designee before: • Starting any legal action or administrative proceeding against a third party based on any alleged negligent, intentional or otherwise wrongful action that may have caused or contributed to the claimant’s injury that resulted in the Fund’s advance payment of claims; or • Entering into any settlement agreement with that third party or that third party’s insurer that may be related to any actions by that third party that may have caused or contributed to the claimant’s injury that resulted in the Fund’s advance for claims related to such injury. By accepting an advance in claim payments, every claimant agrees to keep the Board of Trustees, its Fund Office or designee informed of all material developments with respect to all such claims, actions, or proceedings. Your Responsibilities You have the duty to cooperate fully with the Plan and any party designated by the Plan Administrator if the Plan’s rights of subrogation or reimbursement are asserted, including executing and delivering any documents the Plan may require or appearing in court for a deposition or testimony, if necessary. You must do nothing to prejudice the Plan’s rights of subrogation and reimbursement.
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