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Subrogation Release Form Template for England and Wales

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Key Requirements PROMPT example:

Subrogation Release Form

"I need a Subrogation Release Form for an insurance claim settlement of £50,000 relating to water damage in a commercial property, where our insurance company will pursue recovery against the building contractor responsible for faulty plumbing installation."

Document background
The Subrogation Release Form is a crucial document in insurance claim settlements under English and Welsh law. It is used when an insurance company has compensated their insured for a loss and wishes to preserve their right to pursue recovery from responsible third parties. The form documents the payment made to the insured, formally transfers legal rights to the insurer, and includes specific details about the incident, parties involved, and the scope of rights being transferred. This document is essential for insurers to maintain their recovery rights and is commonly used across various insurance sectors including property, liability, and commercial claims.
Suggested Sections

1. Heading and Date: Document title and date of execution

2. Parties: Details of insurer, insured, and third party involved

3. Background/Recitals: Description of incident, claim, and payment details

4. Consideration Statement: Statement of payment or consideration being provided

5. Release Language: Formal release of claims and transfer of rights

6. Signature Block: Execution provisions for all parties

Optional Sections

1. Confidentiality Clause: Additional clause to keep settlement terms private, typically used in sensitive or high-value cases

2. Non-Admission Clause: Optional clause stating that payment does not constitute admission of liability

3. Return of Documents: Optional provisions for returning relevant documentation when sensitive documents were exchanged

Suggested Schedules

1. Schedule of Damages: Itemized list of damages being compensated

2. Schedule of Rights: Detailed list of rights being transferred through subrogation

3. Evidence of Payment: Proof of settlement payment

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

Relevant legal definitions















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Relevant Industries
Relevant Teams
Relevant Roles
Industries

Insurance Act 2015: Primary legislation governing insurance contracts in England and Wales, setting out rules for fair presentation of risk, warranties, and remedies for breach

Third Parties (Rights Against Insurers) Act 2010: Legislation allowing third parties to claim directly against insurers in certain circumstances, particularly relevant for subrogation matters

Marine Insurance Act 1906: Historic legislation that still provides fundamental principles of insurance law applicable to subrogation

Common Law Contract Principles: Fundamental principles of contract formation, validity, and enforcement under English common law

Unfair Contract Terms Act 1977: Legislation regulating unfair terms in contracts, ensuring fairness in subrogation release agreements

Consumer Rights Act 2015: Legislation protecting consumer rights in contracts, applicable if the subrogation release involves consumer parties

Civil Procedure Rules Part 36: Rules governing settlement offers and procedures in civil litigation

Doctrine of Subrogation: Common law principle allowing an insurer to step into the shoes of the insured to recover payments made under the policy

Principle of Indemnity: Fundamental insurance law principle ensuring the insured is restored to their previous position but not better off

UK GDPR: Data protection regulation governing the handling of personal information in legal documents

Data Protection Act 2018: UK legislation implementing and supplementing GDPR requirements for personal data protection

Limitation Act 1980: Legislation setting time limits for bringing legal claims, relevant for subrogation rights enforcement

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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