The Subrogation Settlement Agreement is utilized when an insurance company seeks to recover funds paid to its insured from a third party responsible for the loss. This document becomes necessary after an insurer has paid a claim to its policyholder and identified a liable third party. The agreement must comply with both federal and state-specific insurance regulations, including requirements related to the made-whole doctrine and anti-subrogation statutes. It provides clarity on settlement terms, releases, and ensures all parties' rights are protected under applicable U.S. law.
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1. Parties: Identification of all parties involved, including insurer, insured, and third party
2. Background: Description of the original claim, insurance payment, and basis for subrogation
3. Definitions: Key terms used throughout the agreement including claim, loss, settlement amount, and released claims
4. Settlement Amount: Agreed payment amount and payment terms
5. Release: Mutual release of claims related to the incident
6. Representations and Warranties: Basic assertions about parties' authority and capacity
1. Medicare Compliance: Required when Medicare interests are involved in the claim
2. Confidentiality: Terms regarding non-disclosure of settlement details
3. Future Medical Expenses: Provisions for handling future medical costs and ongoing treatment
1. Schedule A - Payment Details: Detailed breakdown of settlement amount and payment schedule
2. Schedule B - Original Claim Documentation: Copy of original insurance claim and payment details
3. Schedule C - Release Form: Standardized release form to be executed by parties
Relevant legal definitions
Agreement
Claim
Effective Date
Incident
Insurance Policy
Insured
Insurer
Loss
Original Payment
Parties
Release
Settlement Amount
Settlement Payment
Subrogated Rights
Subrogation Claim
Subrogor
Subrogee
Third Party
Underlying Claim
Made-Whole Amount
Payment Schedule
Released Claims
Released Parties
Liability
Governing Law
Claim
Effective Date
Incident
Insurance Policy
Insured
Insurer
Loss
Original Payment
Parties
Release
Settlement Amount
Settlement Payment
Subrogated Rights
Subrogation Claim
Subrogor
Subrogee
Third Party
Underlying Claim
Made-Whole Amount
Payment Schedule
Released Claims
Released Parties
Liability
Governing Law
Clauses
Acknowledgment of Payment
Assignment
Authority
Binding Effect
Compliance with Laws
Confidentiality
Consideration
Counterparts
Dispute Resolution
Entire Agreement
Further Assurances
Governing Law
Indemnification
Jurisdiction
Medicare Compliance
No Admission of Liability
Notices
Payment Terms
Release of Claims
Representations and Warranties
Severability
Settlement Amount
Subrogation Rights
Successors and Assigns
Third Party Rights
Waiver
Warranties
Assignment
Authority
Binding Effect
Compliance with Laws
Confidentiality
Consideration
Counterparts
Dispute Resolution
Entire Agreement
Further Assurances
Governing Law
Indemnification
Jurisdiction
Medicare Compliance
No Admission of Liability
Notices
Payment Terms
Release of Claims
Representations and Warranties
Severability
Settlement Amount
Subrogation Rights
Successors and Assigns
Third Party Rights
Waiver
Warranties
Relevant Industries
Relevant Teams
Relevant Roles
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