Subrogation Agreement Template for Malaysia

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Key Requirements PROMPT example:

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."

Document background
The Subrogation Agreement is a crucial document in Malaysian insurance practice, used when an insurer has compensated an insured party for a loss and seeks to recover the paid amount from a third party responsible for the loss. This document is essential in various scenarios, such as property damage, professional liability claims, or accident-related losses, where a third party's actions have caused the insured loss. The agreement must comply with Malaysian legislation, particularly the Financial Services Act 2013 and the Contracts Act 1950, and typically includes detailed provisions about the original claim, the rights being transferred, and the obligations of both parties. It's commonly used by insurance companies, corporate entities, and individuals in Malaysia when pursuing recovery rights after an insurance claim has been settled.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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

Financial Services

Banking

Maritime

Construction

Manufacturing

Healthcare

Real Estate

Transportation

Energy

Retail

Professional Services

Relevant Teams

Legal

Insurance Operations

Risk Management

Compliance

Claims Processing

Underwriting

Corporate Affairs

Policy Administration

Recovery

Dispute Resolution

Relevant Roles

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

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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