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4. Adjusting and managing assigned claims to assure that PRINCIPAL and <br /> claimants receive high quality service; <br /> 5. Establishing, monitoring and timely revisions of case reserves; <br /> 6. Settling claims within the applicable coverage terms and conditions; <br /> 7. Maintaining current knowledge of applicable adjustment practices and <br /> procedures, local practices, applicable insurance coverage, court decisions, <br /> current guidelines in the claims function, and Program changes and <br /> modifications (as advised by PRINCIPAL); <br /> 8. Assisting in the preparation of claims for suit, hearing, trial, or subrogation as <br /> appropriate; <br /> 9. Acting as PRINCIPAL'S liaison with medical personnel, first notice of loss <br /> reporting services and defense counsel; <br /> 10.Reviewing bills of service providers; <br /> 11.Preparing and submitting status and administrative reports in accordance with <br /> YORK's established practices, <br /> 12.Preserving subrogation rights and overseeing subrogation recovery. <br /> C. "CLAIMS" shall mean claims, arising under the Program and which are <br /> referred to YORK for adjusting during the term of this Agreement. <br /> D. "INFORMATION" or "CONFIDENTIAL INFORMATION" shall mean <br /> documentation, data or information relevant to PRINCIPAL or claimant that is created <br /> by YORK or that comes into its possession as a result of the rendering of services by <br /> YORK to PRINCIPAL, pursuant to the Agreement. <br /> E. "CONFIDENTIAL INFORMATION" is information not publicly available <br /> and includes, without limitation, the work product, investigation materials, trial <br /> preparation materials including but not limited to opinions and mental impressions of <br /> YORK personnel, communications with defense and coverage counsel and non-public <br /> personal information of insureds. <br /> F. "LOSS ADJUSTMENT EXPENSE" shall mean, in addition to fees to be <br /> paid in accordance with items listed or inferred herein Agreement, all reasonable <br /> expenses necessary to the adjustment of a claim in accordance with this Agreement, <br /> including but not limited to, legal fees, court costs and fees for court reporters, expert <br /> witnesses, investigation, photocopies, subpoenas, photographs, maps, accounting, <br /> chemical or physical analysis, independent medical exams or other evaluations, <br /> depositions, appraisal fees and expenses, bill review, utilization review and any other <br /> similar cost, fee or expense reasonably chargeable to the investigation, negotiation, <br /> settlement or defense of a claim or loss or subrogation actions. Upon agreement with <br /> the PRINCIPAL, YORK may, but need not, elect to utilize its own staff to pertorm these <br /> services. <br /> ATTY/AGR/2015.068/YORK TPA REDWOOD CITY <br /> REV:04-20-15 MLG <br /> Page 2 of 17 <br />