90 When making or filing a claim, you or your legal representative must give the Plan written notice about whether or not you were injured by a third party. You also must provide the following information in a timely manner: • The name, address and telephone number of: − The third party who in any way caused the injury, as well as the attorney representing the third party; − The third party’s insurer; and − The attorney who represents you with respect to the third party’s act or omission. • Before any meeting, the date, time and location of the meeting between the third party or his or her attorney and yourself or your attorney; • All terms of any settlement offer made by the third party or his or her insurer; • All information you or your attorney discovered concerning the third party’s insurance coverage; • The amount and location of any funds you recover from the third party or his or her insurer, and the dates on which such funds were received; • All information related to any oral or written settlement agreement between you and the third party or his or her insurer; • All information regarding any legal action that has been brought on your behalf against the third party or his or her insurer; • All other information the Plan may request. All Recovered Proceeds Are to Be Applied to Reimbursement of the Fund By accepting an advance payment of claims for an injury, every claimant agrees to reimburse the Fund for all such advances by applying any and all amounts paid or payable to them by any third party or that third party’s insurer by way of settlement, judgment, arbitration or recovery, or in satisfaction of any judgment or agreement, regardless of whether those proceeds are characterized as being paid on account of the medical expenses for which any advance has been made by the Fund. The Fund will have the right to recover from the claimant the full amount of benefits paid without deductions or adjustments of any kind including attorney’s fees. In such event, the Fund must be fully reimbursed within 30 calendar days of the date proceeds are received by the claimant or his attorney, or the claimant will have additional liability for interest and all costs of collection, including reasonable attorney’s fees. The Fund may offset future claims/benefits in order to receive the full amount of benefits paid if full reimbursement is not made. Furthermore, once the claim is settled and further liability is closed, the Fund is not liable for, and will not pay, future benefits for claims related to that injury or accident. Note: This Fund is a self-insured employee welfare benefit plan and, therefore, ERISA preempts any state law purporting to restrict the Fund’s right under this provision. Furthermore, any state law directed at insurance companies will not apply to the Fund since it is self-insured.
BTF Summary Plan A/A+ Page 94 Page 96