Subrogation Release Form

Subrogation Release Form Template for Denmark

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Document background

The Subrogation Release Form is a crucial document in Danish insurance practice, used when an insurance company decides to waive its right to pursue recovery against a third party after settling a claim with its insured. This document becomes necessary when the insurer has paid a claim and would normally have the right to pursue recovery from a responsible third party, but chooses to release this right, often in exchange for consideration. The form must comply with Danish legal requirements, particularly the Forsikringsaftaleloven and Aftaleloven, and should clearly document the claim details, parties involved, and the scope of rights being released. It's commonly used in settlement negotiations, claim resolutions, and risk management scenarios where pursuing subrogation rights may not be practical or beneficial.

Suggested Sections

1. Parties: Identification of all relevant parties: the insurer releasing subrogation rights, the insured party, and the third party being released

2. Background: Description of the incident/claim that gave rise to the subrogation rights, including date, location, and nature of the loss

3. Definitions: Key terms used in the document, including 'Claim', 'Loss', 'Released Party', 'Consideration'

4. Consideration: Statement of the payment or other consideration being provided in exchange for the release

5. Release Terms: Specific terms of the release, including scope of rights being released and confirmation that the release is final and binding

6. Representations and Warranties: Basic representations about authority to enter into the agreement and ownership of the rights being released

7. Governing Law: Specification that Danish law governs the release

8. Execution: Signature blocks for all parties and date of execution

Optional Sections

1. Confidentiality: Optional section when parties wish to keep the terms of the release confidential

2. Partial Release: Used when only certain aspects of the subrogation rights are being released while others are retained

3. Multiple Claims: Required when the release covers multiple incidents or claims

4. Insurance Policy Details: Optional section providing specific details of the relevant insurance policy when needed for context

5. Dispute Resolution: Optional section specifying dispute resolution procedures when parties want specific mechanisms defined

Suggested Schedules

1. Schedule A - Claim Details: Detailed description of the claim(s) being released, including dates, amounts, and specific incidents

2. Schedule B - Payment Terms: If payment is structured or involves multiple components, details are provided here

3. Appendix 1 - Insurance Policy Extract: Relevant excerpts from the insurance policy that relate to the subrogation rights being released

4. Appendix 2 - Proof of Authority: Documentation of authority to execute the release (when required for corporate signatories)

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