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Subrogation Contract
"I need a Subrogation Contract for an Australian insurance company pursuing recovery rights against a third party following a commercial property damage claim in New South Wales, with the insurance payout occurring in March 2025."
1. Parties: Identification of all parties to the agreement including the insurer, insured, and any other relevant parties
2. Background: Context of the agreement including details of the original insurance policy, the loss event, and the basis for subrogation
3. Definitions: Detailed definitions of key terms used throughout the agreement
4. Subrogation Rights: Explicit statement of the subrogation rights being transferred or recognized, including scope and limitations
5. Consideration: Details of any payment or consideration for the subrogation rights
6. Claims Process: Procedures for making and handling subrogation claims
7. Obligations of the Insured: Duties and responsibilities of the insured party in supporting the subrogation process
8. Obligations of the Insurer: Duties and responsibilities of the insurer in pursuing subrogation claims
9. Recoveries: Principles and procedures for handling recovered amounts
10. Confidentiality: Provisions regarding confidential information and its handling
11. Dispute Resolution: Procedures for resolving disputes between parties
12. Governing Law: Specification of Australian law as governing law and jurisdiction
13. General Provisions: Standard contractual provisions including notices, amendments, and severability
1. Multiple Insurers: Section required when multiple insurers are involved, detailing the relationship and priority between different insurers' subrogation rights
2. International Elements: Required when the subrogation involves cross-border elements or foreign jurisdictions
3. Third Party Rights: Section needed when there are specific third party rights or interests to be addressed
4. Reinsurance Provisions: Required when reinsurance arrangements affect the subrogation rights
5. Assignment: Specific provisions for assignment of rights, if applicable
6. Special Recovery Arrangements: Required when there are unique or complex recovery arrangements
7. Costs and Expenses: Detailed provisions about handling of costs when standard recovery provisions are insufficient
1. Schedule 1 - Original Insurance Policy Details: Details of the original insurance policy including relevant terms and conditions
2. Schedule 2 - Loss Event Details: Comprehensive information about the loss event giving rise to the subrogation right
3. Schedule 3 - Claim Documentation: List and copies of relevant claim documentation and evidence
4. Schedule 4 - Recovery Process: Detailed procedures and timelines for the recovery process
5. Schedule 5 - Contact Details: Contact information for all relevant parties and their representatives
6. Appendix A - Powers of Attorney: Any required powers of attorney or authorization documents
7. Appendix B - Calculation Methodology: Methodology for calculating recoverable amounts and distributions
Authors
Applicable Law
Claim
Claim Documentation
Commencement Date
Confidential Information
Costs
Effective Date
Indemnity
Insurance Policy
Insured
Insured Loss
Insurer
Legal Proceedings
Loss Event
Original Policy
Parties
Policy Period
Recoveries
Recovery Costs
Recovery Rights
Related Rights
Relevant Jurisdiction
Representatives
Settlement
Subrogated Rights
Subrogation
Subrogation Claim
Subrogation Proceedings
Subrogation Rights
Third Party
Third Party Claim
Third Party Recovery
Underlying Claim
Definitions
Grant of Rights
Subrogation Rights
Assignment
Recovery Process
Claims Procedure
Payment Terms
Cooperation Obligations
Information Sharing
Confidentiality
Data Protection
Representations and Warranties
Indemnification
Limitation of Liability
Force Majeure
Dispute Resolution
Governing Law
Jurisdiction
Notices
Amendment
Waiver
Severability
Entire Agreement
Third Party Rights
Costs and Expenses
Term and Termination
Compliance with Laws
Record Keeping
Insurance Requirements
Insurance
Financial Services
Legal Services
Risk Management
Claims Management
Professional Services
Corporate Services
Healthcare
Construction
Manufacturing
Transportation
Legal
Claims
Risk Management
Compliance
Operations
Underwriting
Contract Administration
Recovery
Policy Administration
Insurance Operations
Dispute Resolution
Insurance Claims Manager
Legal Counsel
Risk Manager
Compliance Officer
Claims Adjuster
Insurance Underwriter
Contract Manager
Recovery Specialist
Insurance Operations Manager
Loss Adjuster
Policy Administrator
General Counsel
Insurance Broker
Subrogation Attorney
Claims Director
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