Subrogation Agreement Template for Canada

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Key Requirements PROMPT example:

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."

Document background
The Subrogation Agreement is a crucial document in Canadian insurance practice, used when an insurer has paid a claim to an insured and seeks to recover the paid amount from a third party responsible for the loss. This agreement formalizes the transfer of recovery rights and is essential in various scenarios, from property damage to liability claims. The document must comply with Canadian federal insurance regulations and provincial insurance acts, including specific requirements for Quebec civil law where applicable. It typically includes details of the original claim, the insurance payment made, and the specific rights being transferred. The agreement is particularly important in complex claims involving multiple parties or significant amounts, ensuring clear documentation of the subrogation rights and obligations of all involved parties.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant Industries

Insurance

Financial Services

Legal Services

Risk Management

Healthcare

Construction

Manufacturing

Transportation

Real Estate

Retail

Professional Services

Maritime

Relevant Teams

Legal

Claims

Risk Management

Compliance

Operations

Underwriting

Policy Administration

Recovery

Contract Management

Insurance Operations

Relevant Roles

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

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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