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Subrogation Form

Subrogation Form Template for Denmark

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Subrogation Form

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Document background
The Subrogation Form is a crucial document in Danish insurance practice, used when an insurer has paid a claim to their insured and seeks to recover the paid amount from a third party responsible for the loss. This document is essential in establishing the legal framework for the transfer of rights under Danish law, typically used after claim settlement but before recovery actions commence. The form must comply with the Danish Insurance Contracts Act (Forsikringsaftaleloven) and related legislation, documenting the original claim details, settlement amount, and the explicit transfer of recovery rights. It serves as the foundation for any subsequent recovery actions and is particularly important in cases involving substantial claims or complex liability scenarios.
Suggested Sections

1. Parties: Identification of the insurer and the insured party, including full legal names and addresses

2. Background: Brief description of the insurance policy, the loss event, and the claim payment that gives rise to the subrogation rights

3. Definitions: Key terms used in the document, including 'Claim', 'Loss Event', 'Recovery Rights', and 'Settlement Amount'

4. Claim Details: Specific details of the insurance claim, including date of loss, nature of damage/loss, and claim reference number

5. Settlement Amount: Statement of the amount paid by the insurer to the insured

6. Transfer of Rights: Explicit transfer of recovery rights from the insured to the insurer

7. Insured's Obligations: Obligations of the insured to assist with recovery efforts and maintain confidentiality

8. Governing Law: Confirmation that Danish law governs the agreement

9. Signatures: Execution blocks for both parties

Optional Sections

1. Third Party Details: Information about the responsible third party, if known at the time of signing

2. Partial Subrogation: Required when the insurance payment only covers part of the total loss

3. Document Handover: List of relevant documents being transferred to support the recovery action

4. Warranty of Title: Insured's warranty that they have not assigned the rights to any other party

5. Dispute Resolution: Specific provisions for handling disputes, if desired beyond standard legal remedies

Suggested Schedules

1. Schedule 1 - Claim Documentation: Copies of relevant claim documents, including proof of loss and payment

2. Schedule 2 - Insurance Policy Extract: Relevant sections of the insurance policy relating to the claim

3. Schedule 3 - Loss Assessment Report: If applicable, technical reports or assessments documenting the loss

4. Appendix A - Power of Attorney: If required, authorization for the insurer to act on behalf of the insured

5. Appendix B - Supporting Evidence: Any additional documentation supporting the subrogation claim

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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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