Third Party Liability
Public Employees’ Benefits Program PPO Dental Plan & Life Insurance Plan Year 2023
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Third Party Liability
Subrogation and Rights of Recovery
Subrogation applies to situations where the Participant is injured, and another person or entity
is or may be responsible, liable, or contractually obligated, for whatever reason, for the payment
of certain damages or claims arising from or related in any way to the Participant’s injury (the
“Injury”). These damages or claims arising from the Injury, irrespective of the way they are
categorized, may include, without limitation, medical expenses, pain and suffering, loss of
consortium, and/or wrongful death. The Plan has a right of subrogation irrespective of whether
the damages or claims are paid or payable to the Participant, the Participant’s estate, the
Participant’s survivors, or the Participant’s attorney(s). Any and all payments made by the Plan
for which it claims a right of subrogation are referred to as Subrogated Payments.
The subrogation provision provides the Plan with a right of recovery for certain payments made
by the Plan, irrespective of fault, or negligence wrongdoing. Any and all payments made by the
Plan relating in any way to the injury may be recovered directly from the other person or from
any judgment, verdict or settlement obtained by the participant in relation to the injury.
The Participant must cooperate fully, at all times, and provide all information needed or
requested by the Plan to recover payments, execute any papers necessary for such recovery, and
do whatever is necessary or requested in order to secure and protect the Subrogation rights of
the Plan. The Participant’s required cooperation includes, but is not limited to, the following
actions, which must be performed immediately, upon request by the Plan:
1) Executing an acknowledgment form or other document acknowledging and
agreeing to protect the Plan’s right of Subrogation.
2) Cooperating and participating in the Plan’s recovery efforts, including but not
limited to participating in litigation commenced or pursued by the Plan or its
Board; and
3) Filing a claim or demand with another insurance company, including but not
limited to the Participant’s own first party insurance policy or another person’s or
entity’s insurance policy.
Refer to the separate PEBP Active Employee Health and Welfare Benefits Wrap Plan Document
and PEBP Retiree Health and Welfare Benefits Wrap Plan Document available at
www.pebp.state.nv.us for more information regarding third party liability and subrogation.
The Participant must cooperate fully, at all times, and provide all information needed or
requested by the Plan to recover payments, execute any papers necessary for such recovery, and
do whatever is necessary or requested in order to secure and protect the Subrogation rights of
the Plan. The Participant’s required cooperation includes, but is not limited to, the following
actions, which must be performed immediately, upon request by the Plan: