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Subrogation Agreement
"I need a Subrogation Agreement under Malaysian law for a property damage claim paid by ABC Insurance to a manufacturing company, with recovery rights against a third-party logistics provider who caused damage to insured machinery during transportation."
1. Parties: Identification of the parties to the agreement, typically the insurer (subrogee) and the insured (subrogor)
2. Background: Recitals explaining the context, including details of the original incident, insurance policy, and payment made
3. Definitions: Definitions of key terms used throughout the agreement
4. Assignment and Subrogation: Core provisions detailing the transfer of rights from the insured to the insurer
5. Consideration: Details of the payment or consideration given for the subrogation rights
6. Representations and Warranties: Statements and guarantees by the insured regarding the validity of the claim and rights being transferred
7. Obligations of the Parties: Specific duties of both parties in pursuing the claim and supporting the subrogation process
8. Cooperation: Requirements for the insured to assist the insurer in pursuing claims against third parties
9. Confidentiality: Provisions regarding the confidentiality of claim information and agreement terms
10. Governing Law and Jurisdiction: Specification of Malaysian law as governing law and jurisdiction for disputes
11. General Provisions: Standard boilerplate clauses including notices, amendments, and severability
1. Multiple Parties Provisions: Required when there are multiple insureds or beneficiaries involved in the subrogation
2. Cross-Border Provisions: Needed when the incident or potential recovery involves international elements
3. Regulatory Compliance: Specific provisions required for compliance with particular regulatory requirements
4. Settlement Authority: Provisions regarding the insurer's authority to settle claims with third parties
5. Tax Provisions: Specific clauses dealing with tax implications of the subrogation arrangement
6. Alternative Dispute Resolution: Optional provisions for mediation or arbitration before court proceedings
1. Schedule 1 - Insurance Policy Details: Details of the relevant insurance policy including policy number, coverage, and terms
2. Schedule 2 - Claim Details: Specific information about the incident, loss, and claim payment
3. Schedule 3 - Supporting Documents: List of all relevant documentation supporting the claim and subrogation rights
4. Schedule 4 - Power of Attorney: If required, formal authorization for the insurer to act on behalf of the insured
5. Schedule 5 - Calculation of Settlement: Detailed breakdown of the settlement amount and any deductions
6. Appendix A - Form of Notice: Standard form for notices to be given under the agreement
Authors
Claim
Claim Payment
Claim Documents
Effective Date
Insurance Policy
Insured
Insurer
Loss
Original Incident
Policy Period
Recovery Proceeds
Recovery Rights
Subrogated Rights
Third Party
Settlement Amount
Governing Law
Jurisdiction
Legal Proceedings
Notice
Parties
Relevant Documentation
Representatives
Settlement
Subrogor
Subrogee
Subrogation Rights
Consideration
Representations
Warranties
Cooperation
Confidentiality
Indemnification
Authority
Payment Terms
Recovery Rights
Third Party Rights
Notice Requirements
Information Disclosure
Governing Law
Jurisdiction
Dispute Resolution
Force Majeure
Severability
Entire Agreement
Amendment
Waiver
Assignment Prohibition
Costs and Expenses
Further Assurance
Counterparts
Survival
Termination
Insurance
Financial Services
Banking
Maritime
Construction
Manufacturing
Healthcare
Real Estate
Transportation
Energy
Retail
Professional Services
Legal
Insurance Operations
Risk Management
Compliance
Claims Processing
Underwriting
Corporate Affairs
Policy Administration
Recovery
Dispute Resolution
Insurance Claims Manager
Legal Counsel
Risk Manager
Compliance Officer
Claims Adjuster
Insurance Underwriter
Corporate Lawyer
Insurance Broker
Chief Risk Officer
Claims Administrator
Insurance Operations Manager
Legal Risk Manager
Policy Administrator
Recovery Specialist
Subrogation Manager
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