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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."
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
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
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
Claim
Claim Payment
Effective Date
Insurance Policy
Insured
Insured Property
Insurer
Loss
Loss Event
Parties
Recovery
Recovery Costs
Recovery Proceedings
Recovery Rights
Relevant Documentation
Subrogated Rights
Subrogation
Third Party
Third Party Claim
Insurance Act
Jurisdiction
Notice
Applicable Law
Business Day
Confidential Information
Dispute
Force Majeure Event
Material Breach
Representatives
Definitions
Grant of Subrogation Rights
Consideration
Representations and Warranties
Obligations of the Insured
Cooperation Requirements
Recovery Process
Distribution of Proceeds
Costs and Expenses
Confidentiality
Data Protection
Force Majeure
Assignment
Notices
Severability
Entire Agreement
Amendment
Waiver
Further Assurance
Third Party Rights
Counterparts
Governing Law
Jurisdiction
Dispute Resolution
Indemnification
Term and Termination
Insurance
Banking and Financial Services
Maritime and Shipping
Oil and Gas
Construction
Manufacturing
Transportation and Logistics
Healthcare
Real Estate
Professional Services
Legal
Claims
Risk Management
Compliance
Insurance Operations
Corporate Affairs
Policy Administration
Recovery and Collections
Document Management
Client Relations
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
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