SUBROGATION PROCESS (Representative's role)
The Plan retains subrogation rights to the action, conduct, and proceeds of any claims a Plan member may make against a third party. If you are representing a Plan member in such a claim, you must contact the Plan office.
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We require this completed Plan's Authorization to Release Information Form in order to release your client's file.
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Take note
The subrogation process is managed by the Plan office, not Manulife.
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Our objective is to:
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recover LTD benefits paid to a Plan member by a third party for the loss of income due to disability
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minimize our liability to pay LTD benefits in the future
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Conditions
If you are representing a Plan member conducting a third party claim, the Plan requires:
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the Plan member informs the Plan office of their intent to pursue the claim and retain you as their lawyer
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you report to us regularly on the progress of the claim
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you obtain the Plan's consent before proposing or accepting any settlement
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you do not accept any money from the claim before reaching an agreement with the Plan about how much will be reimbursed to the Plan
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the third party and their insurer acknowledge that you have advised them that:
o the Plan's consent is required in order for any settlement to be binding
o any payment of the claim, whether by settlement or by order of the court, is made jointly to either the Plan member and the
Plan, or to you in trust for the Plan member and the Plan
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Non-co-operation
If a Plan member pursues legal action without input from the Plan, LTD benefits will be suspended or terminated due to non-co-operation.
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Questions?
Refer to the LTD Plan text and the Plan's Subrogated Rights, or contact:
902-461-0421 Ext. 227
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