Subrogation Contract Generator for United States

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Key Requirements PROMPT example:

Subrogation Contract

"Need a Subrogation Contract for our insurance company to recover medical expenses paid ($50,000) to our insured following a car accident in March 2025, where a third party was at fault; must include Medicare compliance provisions as the insured is Medicare-eligible."

Document background
A Subrogation Contract is essential when an insurance company or other entity seeks to recover payments made to an insured party from a responsible third party. This document is commonly used across the United States when an insurer has compensated its policyholder for a loss and wishes to pursue reimbursement from the party that caused the loss. The contract must carefully consider state-specific insurance laws, federal regulations like ERISA and Medicare Secondary Payer Act, and relevant common law principles. It typically includes detailed provisions about the scope of subrogation rights, cooperation requirements, and recovery distribution mechanisms.
Suggested Sections

1. Parties: Identification of subrogating party and subrogated party

2. Background: Description of original claim, payment, and basis for subrogation

3. Definitions: Key terms used in the agreement including 'Claim', 'Recovery', 'Subrogation Rights'

4. Grant of Subrogation Rights: Express transfer of rights from subrogor to subrogee

5. Scope of Rights: Extent and limitations of subrogation rights being transferred

6. Cooperation Obligations: Parties' duties to assist in pursuing claims

7. Distribution of Recoveries: How recovered amounts will be allocated

Optional Sections

1. Attorney Representation: Terms regarding legal representation in pursuing claims when legal action is anticipated

2. Confidentiality: Provisions for maintaining confidentiality of claim details when sensitive information is involved

3. Medicare Compliance: Specific provisions for Medicare compliance when Medicare interests are involved

Suggested Schedules

1. Schedule A - Claim Details: Detailed description of original claim and payments made

2. Schedule B - Recovery Allocation: Formula or methodology for distributing recoveries

3. Schedule C - Required Documentation: List of documents needed to support subrogation claim

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

Industries

State-Specific Insurance Laws: State insurance codes and regulations, Made in America Insurance Reform Act, and state-specific anti-subrogation statutes that govern insurance matters within each state

Federal Laws: Key federal legislation including Employee Retirement Income Security Act (ERISA), Medicare Secondary Payer Act, and Federal Employee Health Benefits Act (FEHBA)

Common Law Principles: Fundamental legal doctrines including Made Whole Doctrine, Common Fund Doctrine, and Collateral Source Rule that govern subrogation rights

Contract Law: State-specific contract formation requirements, Statute of Frauds, and Uniform Commercial Code (UCC) principles that govern contract validity

Consumer Protection Laws: State-specific consumer protection statutes and Fair Debt Collection Practices Act that ensure consumer rights are protected

Tort Law: State-specific tort reform legislation, comparative negligence rules, and joint and several liability rules that affect recovery rights

Statute of Limitations: State-specific time limits for filing subrogation claims and contractual time limitations that determine claim validity periods

Privacy Laws: Health Insurance Portability and Accountability Act (HIPAA) and state privacy laws that protect personal and medical information

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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