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Subrogation Contract Template for Denmark

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Subrogation Contract

Document background
A Subrogation Contract is a critical legal instrument used in the Danish insurance market when an insurance company seeks to exercise its right to pursue claims against third parties after compensating its insured. This document type is essential when an insurer has paid a claim to its insured and wishes to recover the paid amount from a responsible third party. The contract formalizes the transfer of legal rights from the insured to the insurer, enabling the latter to pursue recovery actions. Under Danish law, particularly the Insurance Contracts Act, specific requirements must be met for a valid subrogation, and this document ensures compliance with these requirements while protecting all parties' interests. The agreement is typically used following insurance payments for property damage, professional liability claims, or other insured losses where a third party may be legally responsible for the damage.
Suggested Sections

1. Parties: Identification of all parties to the agreement, including the original creditor/insured, the insurance company/new creditor, and any other relevant parties

2. Background: Context of the original claim, insurance payment, and basis for subrogation

3. Definitions: Definitions of key terms used throughout the agreement

4. Scope of Subrogation: Detailed description of the rights being transferred and the extent of the subrogation

5. Transfer of Rights: Specific provisions regarding the transfer of legal rights and claims from the original creditor to the insurance company

6. Consideration: Details of any payment or consideration for the subrogation

7. Representations and Warranties: Statements and guarantees by the original creditor about the validity of the claim and related rights

8. Obligations of the Original Creditor: Ongoing duties to assist with claim pursuit and document provision

9. Enforcement Rights: Powers granted to the insurance company to pursue the claim

10. Governing Law and Jurisdiction: Specification of Danish law as governing law and jurisdiction for disputes

11. Notices: Process for formal communications between parties

12. Execution: Signature blocks and execution requirements

Optional Sections

1. Multiple Creditors: Section dealing with multiple original creditors or complex ownership structures

2. International Provisions: Additional provisions for cases involving international parties or cross-border elements

3. Confidentiality: Provisions regarding confidentiality of claim details and agreement terms

4. Assignment: Rights to assign the subrogated claims to third parties

5. Partial Subrogation: Provisions for cases where only part of the claim is being subrogated

6. Tax Provisions: Specific provisions dealing with tax implications of the subrogation

7. Force Majeure: Provisions dealing with circumstances beyond parties' control affecting the subrogation

Suggested Schedules

1. Schedule 1 - Original Claim Details: Detailed description of the original claim including dates, amounts, and circumstances

2. Schedule 2 - Insurance Payment Details: Information about the insurance payment that gives rise to subrogation rights

3. Schedule 3 - Supporting Documents: List of all relevant supporting documents transferred with the claim

4. Schedule 4 - Power of Attorney: Form of power of attorney for pursuing the claim

5. Appendix A - Original Contract: Copy of the original contract or agreement giving rise to the claim

6. Appendix B - Claim Documentation: Copies of all relevant claim documentation

7. Appendix C - Correspondence: Relevant correspondence relating to the original claim

Authors

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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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