Subrogation Contract Template for India

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Key Requirements PROMPT example:

Subrogation Contract

"I need a Subrogation Contract under Indian law for a property insurance claim where our company (ABC Insurance Ltd) has paid INR 50 lakhs to a manufacturing facility in Gujarat for fire damage, and we need to pursue recovery against the supplier of faulty electrical equipment."

Document background
The Subrogation Contract is a critical document in Indian insurance practice, used when an insurer has paid a claim to their insured and seeks to recover the paid amount from a third party responsible for the loss. This document becomes necessary immediately after claim settlement and before initiating recovery proceedings. It formalizes the insurer's subrogation rights under Indian law, ensuring compliance with the Insurance Act 1938 and related regulations. The contract typically includes detailed information about the original insurance policy, the claim payment, and the circumstances of the loss, while establishing the framework for the insurer's recovery actions. Used across various insurance types in India, from property to liability insurance, the Subrogation Contract protects the interests of both the insurer and the insured while facilitating the efficient recovery of claims.
Suggested Sections

1. Parties: Identification of the insurer, insured, and any other relevant parties to the agreement

2. Background: Context of the insurance policy, the loss event, and the claim payment

3. Definitions: Key terms used in the agreement including 'Claim', 'Loss', 'Recovery Rights', 'Insurance Policy', etc.

4. Consideration: Statement of the claim amount paid by the insurer to the insured

5. Transfer of Rights: Core subrogation provisions transferring the insured's rights of recovery to the insurer

6. Insured's Obligations: Obligations to cooperate, provide documents, and assist in recovery proceedings

7. Recovery Proceeds: Provisions regarding the distribution of any recovered amounts

8. Representations and Warranties: Insured's confirmations regarding ownership of rights, no prior assignments, etc.

9. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction for disputes

10. Notices: Process and addresses for serving notices under the agreement

Optional Sections

1. Multiple Insurers: Required when there are multiple insurers involved, detailing their respective rights and shares

2. Confidentiality: Needed for sensitive commercial claims or where confidentiality is specifically required

3. Costs and Expenses: Details of how recovery costs will be shared, if not covered in main recovery proceeds clause

4. Assignment: Required if further transfer of subrogation rights needs to be permitted or restricted

5. Dispute Resolution: Detailed ADR provisions if parties want specific resolution procedures beyond court jurisdiction

6. Third Party Rights: Required when there are other parties with potential interests in the recovery

Suggested Schedules

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

2. Schedule 2 - Claim Details: Detailed description of the loss event and claim payment

3. Schedule 3 - Supporting Documents: List of all relevant documents supporting the claim and subrogation rights

4. Schedule 4 - Recovery Rights: Detailed description of all rights being transferred through subrogation

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

6. Appendix B - Claim Payment Evidence: Proof of claim payment and settlement by the insurer

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

Manufacturing

Construction

Real Estate

Healthcare

Transportation and Logistics

Energy

Retail

Professional Services

Relevant Teams

Legal

Claims

Risk Management

Compliance

Insurance Operations

Recovery and Collections

Corporate Affairs

Policy Administration

Underwriting

Dispute Resolution

Relevant Roles

Insurance Claims Manager

Legal Counsel

Risk Manager

Compliance Officer

Claims Adjuster

Insurance Underwriter

Recovery Specialist

Insurance Operations Manager

Corporate Lawyer

Insurance Broker

Claims Investigation Officer

Subrogation Manager

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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