Waiver Of Subrogation Form Template for Indonesia

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Key Requirements PROMPT example:

Waiver Of Subrogation Form

"I need a Waiver of Subrogation Form for a large-scale construction project in Jakarta, where multiple contractors and subcontractors will be working on site, and we need to ensure all parties waive their rights to claim against each other for the project duration from March 2025 to December 2025."

Document background

The Waiver of Subrogation Form is a critical risk management document used in Indonesian business operations where multiple parties share potential liability exposure. This document becomes necessary when parties in a commercial relationship wish to prevent insurance companies from pursuing recovery claims against other parties involved in the same project or operation. The form must comply with Indonesian Insurance Law No. 40 of 2014, OJK regulations, and the Indonesian Civil Code (KUHPerdata). It typically includes specific details about the insurance policies affected, the scope of the waiver, and the duration of the waiver period. The document is particularly important in complex commercial arrangements where risk allocation needs to be clearly defined and agreed upon by all parties.

Suggested Sections

1. Parties: Identification of all parties involved - the insurer, insured, and any other relevant parties such as additional insureds or third parties

2. Background: Brief context of the insurance relationship and the purpose of the waiver

3. Definitions: Key terms used in the document, including 'Subrogation Rights', 'Insured Property', 'Covered Claims', etc.

4. Scope of Waiver: Detailed description of the subrogation rights being waived and the specific circumstances under which the waiver applies

5. Duration: The time period during which the waiver remains effective

6. Consideration: Statement of the consideration given for the waiver (if any)

7. Governing Law: Explicit statement that Indonesian law governs the waiver

8. Representations and Warranties: Statements confirming the parties' authority to enter into the waiver and understanding of its implications

9. Execution: Signature blocks and execution requirements

Optional Sections

1. Multiple Insurers Clause: Required when multiple insurance companies are involved in waiving subrogation rights

2. Property Description: Detailed when the waiver applies to specific property or locations

3. Claims History: Including when there are existing or pending claims relevant to the waiver

4. Limitations and Exceptions: Used when certain types of claims or circumstances are excluded from the waiver

5. Related Agreements: Required when the waiver is connected to other contracts or insurance policies

6. Notices: Include when specific notification requirements need to be established between parties

Suggested Schedules

1. Schedule A - Property Schedule: Detailed list and description of properties covered by the waiver, if applicable

2. Schedule B - Insurance Policies: List of specific insurance policies affected by the waiver

3. Schedule C - Excluded Claims: Detailed list of any claims or circumstances excluded from the waiver

4. Appendix 1 - Required Certificates: Copies of insurance certificates or other required documentation

5. Appendix 2 - Corporate Authorizations: Copies of corporate resolutions or other authorization documents if required

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

alex.den.21@genieai.co

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