Subrogation Agreement Template for Nigeria

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Key Requirements PROMPT example:

Subrogation Agreement

"I need a Subrogation Agreement for a marine cargo insurance claim where our company (Atlantic Insurance Ltd) paid out ₦50 million to a manufacturing client for damaged machinery in transit, and we need to pursue recovery against the shipping company."

Document background
The Subrogation Agreement is a critical document in Nigerian insurance practice, used when an insurer has paid a claim to its insured and wishes to pursue recovery rights against third parties responsible for the loss. This document becomes necessary immediately after claim settlement and before the insurer initiates recovery proceedings. It must comply with Nigerian federal insurance legislation, particularly the Insurance Act 2003 and relevant state laws. The agreement typically includes details of the original insurance policy, the loss event, the claim payment, and specific provisions about how the recovery process will be managed. It's particularly important in cases involving significant claims where third-party liability is evident and recovery potential exists.
Suggested Sections

1. Parties: Identifies and defines the parties to the agreement - typically the Insurer and the Insured

2. Background: Sets out the context of the agreement, including details of the insurance policy, the loss event, and the payment made by the insurer

3. Definitions: Defines key terms used throughout the agreement

4. Grant of Subrogation Rights: Core provision that transfers the insured's rights of recovery to the insurer

5. Consideration: States the consideration for the agreement, typically referring to the insurance payment made

6. Insured's Obligations: Details the insured's duties to assist with the recovery process and maintain the validity of the claim

7. Cooperation Requirements: Specifies how the insured must cooperate with the insurer in pursuing the claim

8. Representations and Warranties: The insured's confirmations regarding the validity of the claim and their rights

9. Confidentiality: Provisions regarding the confidential treatment of information

10. Governing Law and Jurisdiction: Specifies Nigerian law as governing law and sets out jurisdiction for disputes

11. Execution: Signature blocks and execution formalities

Optional Sections

1. Multiple Insurers: Required when more than one insurer is involved in the subrogation, detailing the priority and coordination of rights

2. Partial Subrogation: Needed when the insurer has only paid part of the loss, detailing how recovery proceeds will be shared

3. Assignment Rights: Include when either party may need to assign their rights under the agreement

4. Alternative Dispute Resolution: Optional provisions for mediation or arbitration before court proceedings

5. Recovery Expenses: Detailed provisions about who bears the costs of recovery proceedings

6. Limitation of Liability: Caps on liability for breach of the agreement obligations

Suggested Schedules

1. Schedule 1 - Insurance Policy Details: Details of the underlying insurance policy including policy number, period, and relevant terms

2. Schedule 2 - Loss Details: Detailed description of the loss event and quantum of claim paid

3. Schedule 3 - Recovery Rights: Specific details of the rights being subrogated and any known third parties against whom rights exist

4. Schedule 4 - Required Documentation: List of documents the insured must provide to support the recovery action

5. Appendix A - Power of Attorney: If required, formal power of attorney document for the insurer to act in the insured's name

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

Banking and Financial Services

Maritime and Shipping

Oil and Gas

Construction

Manufacturing

Transportation and Logistics

Healthcare

Real Estate

Professional Services

Relevant Teams

Legal

Claims

Risk Management

Compliance

Insurance Operations

Corporate Affairs

Policy Administration

Recovery and Collections

Document Management

Client Relations

Relevant Roles

Insurance Claims Manager

Legal Counsel

Risk Manager

Compliance Officer

Insurance Underwriter

Claims Adjuster

Recovery Specialist

Insurance Operations Manager

Corporate Lawyer

Insurance Broker

Chief Risk Officer

Claims Settlement Officer

Subrogation Specialist

Insurance Policy Administrator

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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