Recovery action by insurer in case of a home insurance claim

When the Insurer accepts and pays Your claim under the Policy, the Insurer can start legal proceedings to recover the amount or property from the third party who has caused the loss or damage to Your Home Building or Home Contents. You must give authority to the Insurer to take such action and exercise this right effectively, when the Insurer requests You, whether before or after making payment of Your claim. You must give all information, cooperation, assistance and help for this purpose. You must not do anything which will prejudice Our right. The Insurer can do this 

i. without seeking Your consent, 

ii. in Your name, and 

iii. whether or not Your loss has been fully compensated.

Any amount the Insurer recovers from such person will be applied first to the costs of the legal proceedings and recovery, then to the claim amount the Insurer has paid or must pay to You. The Insurer will pay You any balance

You can start legal proceedings against any person who has caused the loss or damage only with the Insurer’s prior consent, and on conditions that the Insurer will impose. You must not compromise or settle any claim against such person without the Insurer’s consent. If You recover any amount from such person, You must return to the Insurer the amount they have paid for Your claim. The Insurer can take over the conduct of legal proceedings that You have started and continue the proceedings in Your name