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Waiver Of Subrogation Form Template for Switzerland

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Key Requirements PROMPT example:

Waiver Of Subrogation Form

"I need a Waiver of Subrogation Form under Swiss law for a large construction project in Geneva, covering multiple contractors and subcontractors, with the waiver period running from March 1, 2025, to December 31, 2025."

Document background
The Waiver of Subrogation Form is a crucial document used in Swiss business transactions where parties seek to manage their insurance and liability relationships effectively. This document becomes necessary when parties want to prevent an insurer from pursuing recovery claims against specific third parties after paying out an insurance claim. The form is particularly important in construction projects, property management, and commercial leasing arrangements where multiple parties need protection from subrogation claims. Under Swiss law, while insurers generally have the right to pursue subrogation claims under Article 72 of the Swiss Insurance Contract Act (VVG), this right can be waived through proper documentation. The waiver helps maintain business relationships by preventing disputes and simplifying the claims process, while ensuring compliance with Swiss regulatory requirements.
Suggested Sections

1. Parties: Identification of all relevant parties including the insurer waiving subrogation rights, the insured party, and the beneficiary of the waiver

2. Background: Context of the waiver, including reference to the underlying insurance policy and the reason for the waiver

3. Definitions: Key terms used in the document, including 'Subrogation Rights', 'Covered Claims', and 'Effective Period'

4. Scope of Waiver: Detailed description of the subrogation rights being waived and any limitations

5. Duration: Period during which the waiver remains effective, including start date and any termination conditions

6. Insurance Policy Reference: Specific details of the insurance policy(ies) to which the waiver applies

7. Representations and Warranties: Statements confirming the authority to grant the waiver and other relevant assurances

8. Governing Law: Explicit statement that Swiss law governs the waiver

9. Signatures: Execution block for all parties to sign and date the document

Optional Sections

1. Multiple Insurer Provisions: Additional provisions required when multiple insurers are involved in the waiver arrangement

2. Specific Loss Provisions: Detailed provisions for specific types of losses or claims being waived

3. Reinstatement Clause: Provisions regarding the potential reinstatement of subrogation rights under specific circumstances

4. Notice Requirements: Specific requirements for providing notice of claims or incidents

5. Consideration: Details of any consideration provided for the waiver, if applicable

6. Severability: Clause ensuring remaining provisions stay valid if any part is found unenforceable

Suggested Schedules

1. Schedule A - Insurance Policies: Detailed list of all insurance policies covered by the waiver, including policy numbers and coverage periods

2. Schedule B - Covered Properties: List of specific properties or assets to which the waiver applies, if relevant

3. Appendix 1 - Authority Documentation: Copies of documents demonstrating authority to grant the waiver (e.g., board resolutions, power of attorney)

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Relevant Industries

Commercial Real Estate

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Relevant Teams

Legal

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Finance

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Relevant Roles

Risk Manager

Insurance Manager

Legal Counsel

Compliance Officer

Contract Manager

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Facility Manager

Project Manager

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Chief Financial Officer

Operations Director

General Counsel

Insurance Broker

Claims Manager

Real Estate Manager

Industries





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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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