Subrogation Letter for Malaysia

Subrogation Letter Template for Malaysia

A Subrogation Letter is a formal document used in Malaysian insurance practice that evidences and effects the transfer of rights from an insured party to their insurer following the settlement of an insurance claim. This document, governed by Malaysian insurance and contract law, particularly the Financial Services Act 2013, enables the insurer to pursue recovery rights against third parties responsible for the loss. The letter formally documents the payment made by the insurer and establishes their right to proceed with recovery actions in the insured's name.

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What is a Subrogation Letter?

The Subrogation Letter is a crucial document in Malaysian insurance practice, used when an insurer has settled a claim and wishes to pursue recovery rights against third parties responsible for the loss. This document is required by Malaysian law to formally establish the insurer's right to step into the shoes of the insured party and pursue recovery actions. The letter typically follows the settlement of an insurance claim and includes details of the claim, confirmation of payment, and the formal transfer of rights. It must comply with Malaysian insurance regulations, particularly the Financial Services Act 2013 and related insurance legislation. The document is essential for protecting the insurer's interests and maintaining proper documentation of the subrogation process.

What sections should be included in a Subrogation Letter?

1. Letter Header: Includes date, reference number, addressee details, and subject line identifying the claim

2. Claim Reference: Details of the insurance policy number, claim number, and date of loss

3. Loss Description: Brief description of the incident or loss that led to the insurance claim

4. Payment Confirmation: Statement confirming the amount paid by the insurer to settle the claim

5. Subrogation Declaration: Formal statement transferring all rights of recovery to the insurer

6. Cooperation Clause: Commitment to cooperate with the insurer in pursuing recovery from third parties

7. Closing and Signature: Standard letter closing, signature block for the insured party

What sections are optional to include in a Subrogation Letter?

1. Third Party Details: Include when the responsible third party is known and identified

2. Multiple Beneficiaries: Required when there are multiple parties with interest in the claim

3. Partial Subrogation: Include when the subrogation applies to only part of the claim amount

4. Reservation of Rights: Include when the insurer wishes to reserve certain rights or when the claim settlement is conditional

What schedules should be included in a Subrogation Letter?

1. Attachment A - Proof of Payment: Copy of payment receipt or bank transfer confirmation for the claim settlement

2. Attachment B - Claim Documentation: Copies of relevant claim forms and supporting documents

3. Attachment C - Policy Extract: Copy of relevant insurance policy sections related to subrogation rights

4. Attachment D - Incident Report: If applicable, copy of police report, accident report, or other incident documentation

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

Jurisdiction

Malaysia

Publisher

Genie AI

Document Type

Insurance Form

Sector

Insurance

Cost

Free to use
Relevant Industries

Insurance

Banking & Financial Services

Manufacturing

Construction

Logistics & Transportation

Real Estate

Retail

Healthcare

Maritime

Energy

Relevant Teams

Legal

Claims

Risk Management

Compliance

Insurance Operations

Corporate Affairs

Documentation

Recovery

Policy Administration

Customer Relations

Relevant Roles

Insurance Claims Manager

Risk Manager

Legal Counsel

Compliance Officer

Claims Adjuster

Insurance Underwriter

Recovery Specialist

Insurance Operations Manager

Claims Administrator

Corporate Lawyer

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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