Subrogation Settlement Agreement for Singapore

Subrogation Settlement Agreement Template for Singapore

A Subrogation Settlement Agreement under Singapore law is a legally binding document that finalizes the settlement of a subrogated claim between an insurer and a third party. It documents the terms under which the insurer recovers payments made to its insured from the party responsible for the loss. The agreement, governed by Singapore's Insurance Act and common law principles, typically includes settlement amount, payment terms, releases, and various protections for all parties involved.

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What is a Subrogation Settlement Agreement?

A Subrogation Settlement Agreement is utilized when an insurance company, having paid a claim to its insured, seeks to recover the paid amount from a third party responsible for the loss. Under Singapore law, this document formalizes the settlement terms between the insurer exercising its subrogation rights and the liable party. The agreement includes essential details such as the original claim circumstances, settlement amount, payment terms, and mutual releases. It serves as a final resolution of the matter, preventing future claims relating to the same incident and providing certainty for all parties involved.

What sections should be included in a Subrogation Settlement Agreement?

1. Parties: Identification of all parties to the agreement including insurer, insured, and third party

2. Background: Details of the original claim, insurance policy, and circumstances leading to subrogation

3. Definitions: Key terms used tHRoughout the agreement

4. Settlement Amount: Specific amount agreed upon for settlement

5. Payment Terms: Timeline and method of payment

6. Release and Discharge: Mutual release of claims related to the incident

7. Governing Law: Specification of Singapore law as governing law

What sections are optional to include in a Subrogation Settlement Agreement?

1. Confidentiality: Terms of confidentiality when parties wish to keep settlement terms private

2. Non-Admission of Liability: Statement that settlement does not constitute admission of liability, typically requested by settling party

3. Costs: Allocation of legal and other costs when these need to be specifically addressed

4. Further Assurance: Obligation to execute further documents if needed, used for complex settlements requiring additional documentation

What schedules should be included in a Subrogation Settlement Agreement?

1. Schedule 1 - Original Insurance Policy: Copy of relevant insurance policy

2. Schedule 2 - Claim Documents: Documentation of original claim and loss

3. Schedule 3 - Payment Schedule: If payment is to be made in installments

4. Schedule 4 - Related Correspondence: Key correspondence between parties leading to settlement

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

Singapore

Publisher

Genie AI

Cost

Free to use
Industries

Insurance Act (Chapter 142): Primary legislation governing insurance business in Singapore, particularly relevant for establishing and enforcing subrogation rights in insurance contexts

Civil Law Act (Chapter 43): Fundamental legislation governing contract law principles in Singapore, including provisions for assignment of rights and causes of action

Contracts (Rights of Third Parties) Act: Legislation governing how third parties may enforce terms of a contract, crucial for subrogation settlements involving multiple parties

Limitation Act (Chapter 163): Sets statutory time limits for bringing claims, essential for ensuring subrogation claims are made within legal timeframes

Common Law Principles on Subrogation: Singapore's common law principles derived from English law, establishing fundamental rules and precedents for subrogation rights

Personal Data Protection Act 2012: Legislation governing the collection, use, and disclosure of personal data, relevant for handling personal information in settlement agreements

Evidence Act (Chapter 97): Legislation governing the admissibility of evidence and documentation requirements for legal proceedings and agreements

Legal Profession Act: Legislation governing legal practice and documentation requirements for legal agreements in Singapore

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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