Subrogation Release Form Template for United States

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Key Requirements PROMPT example:

Subrogation Release Form

"I need a Subrogation Release Form for an auto accident claim settlement where my insurance company paid $25,000 for vehicle damage, and we're now releasing our right to recover from the at-fault driver's insurance company following a settlement reached on January 15, 2025."

Document background
The Subrogation Release Form is a critical document in U.S. insurance claim settlements, used when an insurance company decides to waive its right to pursue reimbursement from a third party who caused the loss. This document is typically executed after settlement negotiations and includes specific details about the incident, parties involved, and settlement amount. It's essential in various scenarios, from auto accidents to property damage claims, and must comply with both state and federal insurance regulations. The form provides legal finality to claims and prevents future recovery attempts by the insurance company.
Suggested Sections

1. Identification of Parties: Names and details of insurer, insured, and third party

2. Incident Details: Description of loss/incident, date, location, and claim number

3. Settlement Amount: Specific amount being paid in settlement

4. Release Language: Formal release of subrogation rights

5. Signature Block: Space for signatures, dates, and notarization if required

Optional Sections

1. Medicare Compliance: Additional provisions required when the claimant is Medicare-eligible

2. Confidentiality Clause: Agreement to keep settlement terms confidential, used when requested by either party

3. Choice of Law: Specifies governing law for the agreement, used when parties are in different jurisdictions

Suggested Schedules

1. Schedule A - Payment Details: Breakdown of settlement amount and payment terms

2. Schedule B - Incident Report: Detailed description of incident and related claims

3. Schedule C - Insurance Policy Details: Reference to relevant insurance policy numbers and coverage

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

Clauses
Industries

State-Specific Insurance Laws: Each state maintains its own insurance codes and regulations, including specific requirements and limitations for subrogation rights and any applicable anti-subrogation statutes

Made-Whole Doctrine: Legal principle adopted by many states requiring that the insured must be fully compensated for their losses before the insurer can pursue subrogation, with variations in application across different states

Federal Laws: Key federal regulations including ERISA for health insurance plans, Medicare Secondary Payer Act for Medicare-related cases, and other federal insurance claim regulations

Contract Law Principles: Fundamental contract law requirements including state-specific contract formation rules, consideration requirements, capacity to contract, and the need for clear, unambiguous language

Statute of Limitations: State-specific time limitations for filing subrogation claims and requirements for preserving subrogation rights

Common Law Principles: Established legal precedents regarding subrogation rights and relevant equitable principles that affect subrogation claims

Privacy Laws: Compliance requirements with HIPAA for medical information and state-specific privacy laws governing the handling of personal 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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