2023-098B - Laserfiche WebLink

Home Browse Search

(2) Class Action /Mass Tort/Other Group Litigation As a part of BCBSF's subrogation services (and Subrogation Fee as listed above), BCBSF will use reasonable collection efforts to identify claims that may be included in class action, mass tort and other litigation, of which BCBSF has knowledge, including but not by way of limitation, drug manufacturer, product liability and anti-trust litigation. BCBSF may, in its sole discretion, participate in such cases on behalf of Employer. Due to the nature of these class action and mass tort cases, Employer agrees BCBSF, in its sole discretion, shall settle and resolve all such claims on any basis it determines as reasonable, including collection of less than the entire amount of such claim. BCBSF may engage a contractor to perform the duties under this provision. If so, BCBSF shall charge a fee based on a percentage of the amount recovered (hereinafter the "Group Litigation Fee"). The Group Litigation Fee is listed in Exhibit B (if applicable) and is not included in the Administrative Charge or any other fee described herein. (3) Termination of Agreement In the event of termination of this Agreement, in whole or in part, BCBSF or its Designated Agent shall continue to work as outlined above all third party liability cases within its possession as well as any additional cases identified by BCBSF or its Designated Agent with dates of services incurred prior to the date of termination. The fees charged for the third -party liability services will be at the rate listed in Exhibit B at the time of termination for such third -party liability services. Section III: Financial Obligations A. In exchange for the obligations undertaken by BCBSF in this Agreement, Employer agrees to pay BCBSF fees in the amounts and in the manner specified in Exhibit B, which is attached and incorporated herein ("Administrative Fees"). The parties agree that Administrative Fees may be amended from time to time by the mutual agreement of the parties hereto, and that any such amendments will be signed, dated and made a part of this Agreement. B. BCBSF may change the Administrative Fees set forth in Exhibit B as of any date on or after the first anniversary of the Agreement's Effective Date. If such a change is in connection with a modification of the Plan, it will become effective on the effective date of the modification. If such change is not in connection with a modification of the Plan, it will become effective on the date specified, provided BCBSF has given written notice of the change at least sixty (60) days prior thereto, and unless the Employer has notified BCBSF in writing at least thirty (30) days prior to the effective date of the applicable change in Administrative Fees of its intention to terminate this Agreement in conformity with Section IV. C (5) below. However, in the event there is a ten percent (10%) increase or decrease in enrollment or projected enrollment (number of lives covered by BCBSF under the Employer's benefit program) BCBSF reserves the right to revise Administrative Fees. C. In addition to the Administration Fees set forth in Exhibit B, the Employer shall reimburse BCBSF for the amount of any taxes, or other charges or fees in connection therewith, assessed against BCBSF with respect to any benefit payments made under the Plan. 14