Columbia University Health Services

Immediately upon paying or providing any benefit under the Columbia Student Medical Insurance Plan, Aetna shall be subrogated to all rights of recovery a Covered Person has against any party potentially responsible for making any payment to a Covered Person due to a Covered Person's Injuries or illness to the full extent of benefits provided, or to be provided, by Aetna. In addition, if a Covered Person receives any payment from any potentially responsible party as a result of an Injury or illness, Aetna has the right to recover from, and be reimbursed by, the Covered Person for all amounts the Columbia Student Medical Insurance Plan has paid, and will pay, as a result of that Injury or illness, up to and including the full amount the Covered Person receives from all potentially responsible parties. A "Covered Person" includes, for the purposes of this provision, anyone on whose behalf the Columbia Student Medical Insurance Plan pays or provides any benefit, including but not limited to the minor child or Dependent of any Covered Person entitled to receive any benefits from the Columbia Student Medical Insurance Plan.

As used in this provision, the term "responsible party" means any party possibly responsible for making any payment to a Covered Person or on a Covered Person's behalf due to a Covered Person's Injuries or illness or any insurance coverage responsible making such payment, including but not limited to:

• Uninsured motorist coverage
• Underinsured motorist coverage
• Personal umbrella coverage
• Med-pay coverage
• Workers compensation coverage
• No-fault automobile insurance coverage; or
• Any other first party insurance coverage

The Covered Person shall do nothing to prejudice Aetna's subrogation and reimbursement rights. The Covered Person shall, when requested, fully cooperate with Aetna's efforts to recover its benefits paid. It is the duty of the Covered Person to notify Aetna within 45 days of the date when any notice is given to any party, including an attorney, of the intention to pursue or investigate a claim, to recover damages, due to Injuries sustained by the Covered Person.

The Covered Person acknowledges that the Columbia Student Medical Insurance Plan's subrogation and reimbursement rights are a first priority claim against all potential responsible parties and are to be paid to Aetna before any other claim for the Covered Person's damages. The Columbia Student Medical Insurance Plan shall be entitled to full reimbursement first from any potential responsible party payments, even if such payment to the Columbia Student Medical Insurance Plan will result in a recovery to the Covered Person which is insufficient to make the Covered Person whole, or to compensate the Covered Person in part or in whole for the damages sustained. This Plan is not required to participate in or pay attorney fees to the attorney hired by the Covered Person to pursue the Covered Person's damage claim. In addition, the Columbia Student Medical Insurance Plan shall be responsible for the payment of attorney fees for any attorney hired or retained by the Columbia Student Medical Insurance Plan. The Covered Person shall be responsible for the payment of all attorney fees for any attorney hired or retained by the Covered Person or for the benefit of the Covered Person.

The terms of this entire subrogation and reimbursement provision shall apply. The Columbia Student Medical Insurance Plan is entitled to full recovery regardless of whether any liability for payment is admitted by any potentially responsible party and regardless of whether the settlement or judgment received by the Covered Person identifies the medical benefits the Columbia Student Medical Insurance Plan provided. This Columbia Student Medical Insurance Plan is entitled to recover from any and all settlements or judgments, even those designated as "pain and suffering" or "non-economic damages" only.

In the event any claim is made that any part of this subrogation and reimbursement provision is ambiguous or questions arise concerning the meaning or intent of any of its terms, the Covered Person and the Columbia Student Medical Insurance Plan agree that Aetna shall have the sole authority and discretion to resolve all disputes regarding the interpretation of this provision.