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Subrogation Agreement
"I need a Subrogation Agreement for a multi-party insurance claim involving property damage to our manufacturing facility, where our primary insurer and two co-insurers will jointly pursue recovery rights against a third-party contractor who caused the damage."
1. Parties: Identifies and defines the parties to the agreement - typically the insurer, insured, and any other relevant parties
2. Background: Describes the circumstances of the loss, insurance claim, and basis for subrogation
3. Definitions: Defines key terms used throughout the agreement
4. Grant of Subrogation Rights: Details the specific rights being transferred from the insured to the insurer
5. Consideration: Specifies the consideration provided for the subrogation rights (typically the insurance payment)
6. Insured's Obligations: Lists the insured's duties to cooperate, provide information, and assist in recovery efforts
7. Insurer's Rights and Obligations: Outlines the insurer's rights in pursuing recovery and any obligations to the insured
8. Representations and Warranties: Contains statements of fact and guarantees by the parties
9. Confidentiality: Sets out obligations regarding confidential information
10. Governing Law: Specifies the applicable law and jurisdiction
11. Entire Agreement: Confirms the agreement represents the complete understanding between parties
12. Execution: Signature blocks and execution requirements
1. Recovery Sharing Provisions: Used when there will be sharing of recovered amounts between insurer and insured
2. Third Party Rights: Include when third parties may have rights or interests in the recovery
3. Multiple Insurers: Required when multiple insurers are involved in the subrogation claim
4. Dispute Resolution: Optional detailed procedures for resolving disputes between parties
5. Assignment: Include when rights under the agreement may need to be assignable
6. Severability: Optional clause addressing the situation if any provision is found invalid
7. Currency: Include when dealing with international parties or multiple currencies
8. Costs and Expenses: Optional detailed provisions about handling of recovery costs
1. Schedule A - Claim Details: Detailed description of the insurance claim and loss event
2. Schedule B - Payment Details: Specifics of the insurance payment made to the insured
3. Schedule C - Relevant Documents: List and copies of relevant documentation (police reports, damage assessments, etc.)
4. Schedule D - Recovery Procedures: Specific procedures for pursuing recovery against third parties
5. Appendix 1 - Contact Information: Contact details for all relevant parties and their representatives
6. Appendix 2 - Power of Attorney: If required, power of attorney documentation for pursuing claims
Authors
Claim
Claim Documents
Consideration
Effective Date
Insurance Payment
Insurance Policy
Insured
Insured Property
Insurer
Loss
Loss Event
Parties
Recovery
Recovery Costs
Recovery Proceeds
Recovery Rights
Related Rights
Responsible Party
Subrogated Rights
Subrogation
Subrogation Claim
Third Party
Third Party Administrator
Underlying Claim
Business Day
Confidential Information
Governing Law
Legal Proceedings
Notice
Representatives
Term
Subrogation Rights
Assignment
Payment
Cooperation
Representations and Warranties
Confidentiality
Data Protection
Notice
Further Assurance
Severability
Entire Agreement
Amendment
Waiver
Force Majeure
Governing Law
Jurisdiction
Dispute Resolution
Costs
Third Party Rights
Execution
Recovery Proceeds
Information Sharing
Document Retention
Legal Proceedings
Indemnification
Term and Termination
Compliance with Laws
Insurance
Financial Services
Legal Services
Risk Management
Healthcare
Construction
Manufacturing
Transportation
Real Estate
Retail
Professional Services
Maritime
Legal
Claims
Risk Management
Compliance
Operations
Underwriting
Policy Administration
Recovery
Contract Management
Insurance Operations
Insurance Claims Manager
Risk Manager
Legal Counsel
Claims Adjuster
Subrogation Specialist
Insurance Underwriter
Compliance Officer
Recovery Specialist
Insurance Operations Manager
Contract Administrator
Claims Attorney
Insurance Broker
Policy Administrator
Risk Analyst
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