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Subrogation Contract
"I need a Subrogation Contract under Swiss law for an insurance claim where our company will take over medical expense rights of CHF 250,000 from Hospital ABC following a patient's workplace accident in March 2025, with specific provisions for installment payments."
1. Parties: Identification of all parties: original creditor, debtor, and the party assuming the debt (subrogee)
2. Background: Context of the original debt and circumstances leading to the subrogation
3. Definitions and Interpretation: Key terms used in the agreement, including 'Original Debt', 'Subrogation Amount', and 'Transfer Date'
4. Original Debt Details: Description of the original debt, including amount, date incurred, and payment terms
5. Subrogation Payment: Terms and conditions of the payment by the subrogee, including amount and payment method
6. Transfer of Rights: Legal provisions for the transfer of creditor rights to the subrogee
7. Representations and Warranties: Statements by the original creditor regarding the validity of the debt and absence of encumbrances
8. Obligations of the Original Creditor: Duties to provide documentation and cooperation in enforcement
9. Notices: Communication requirements and contact details for all parties
10. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction
1. Multiple Creditors: Required when the original debt involves multiple creditors, detailing their respective rights and priorities
2. Security Interests: Needed when the original debt is secured by collateral or guarantees
3. Insurance Provisions: Required when the subrogation involves insurance claims under VVG Article 72
4. Debt Enforcement Procedures: Detailed procedures when specific enforcement mechanisms are agreed upon
5. Third Party Rights: Required when other parties have interests in the debt or related security
6. Currency Provisions: Needed for international subrogation involving multiple currencies
7. Tax Provisions: Required when there are specific tax implications for the subrogation
1. Schedule 1 - Original Debt Documentation: Copies of original loan agreements, promissory notes, or other debt instruments
2. Schedule 2 - Payment Details: Specific payment instructions and bank account details
3. Schedule 3 - Security Documentation: Details of any security interests, guarantees, or collateral
4. Schedule 4 - Power of Attorney: If required for enforcement of rights
5. Appendix A - Calculation of Subrogation Amount: Detailed breakdown of the debt amount, interest, and any other charges
6. Appendix B - Form of Notice to Debtor: Template for notifying the debtor of the subrogation
Authors
Banking & Financial Services
Insurance
Legal Services
Corporate Services
Risk Management
Asset Management
Debt Collection
Healthcare
Construction
Manufacturing
Real Estate
Legal
Risk Management
Finance
Insurance
Compliance
Treasury
Credit Control
Debt Recovery
Corporate Affairs
Claims Processing
Legal Counsel
Risk Manager
Claims Manager
Financial Controller
Credit Manager
Insurance Underwriter
Compliance Officer
Corporate Lawyer
Chief Financial Officer
Debt Recovery Specialist
Contract Manager
Treasury Manager
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