Subrogation Form

Subrogation Form Template for New Zealand

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Key Requirements PROMPT example:

"I need a Subrogation Form for a property damage insurance claim paid out on March 15, 2025, where my insurance company needs to pursue recovery against a construction company that caused water damage to our commercial building."

Document background

The Subrogation Form is a crucial document in New Zealand's insurance industry, used when an insurer needs to formally acquire the right to pursue recovery actions against third parties after settling an insurance claim. This document becomes necessary once an insurance claim has been paid and the insurer wishes to exercise their right of subrogation under New Zealand law. The form must comply with the Insurance Law Reform Act 1977 and related legislation, ensuring proper transfer of recovery rights while protecting the interests of all parties involved. It typically includes details of the original insurance policy, the claim payment, the incident giving rise to the claim, and the specific rights being transferred. The document serves as evidence of the insurer's authority to pursue recovery in the insured's name and outlines any continuing obligations of the insured party to assist in the recovery process.

Suggested Sections

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

2. Background: Brief context of the insurance policy, the loss event, and the basis for subrogation

3. Definitions: Key terms used in the document including 'Claim', 'Loss', 'Policy', 'Recovery Rights'

4. Details of Loss: Specific description of the incident or circumstances leading to the insurance claim

5. Payment Acknowledgment: Confirmation of the insurance payment made by the insurer to the insured

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

7. Insured's Obligations: The continuing obligations of the insured to assist with recovery efforts

8. Authorization: Express authorization for the insurer to pursue recovery in the insured's name

9. Execution: Signature blocks and execution details for all parties

Optional Sections

1. Third Party Rights: Required when there are multiple parties with potential recovery rights or interests in the claim

2. Limitation of Transfer: Used when only specific rights or portions of the claim are being transferred

3. Confidentiality: Needed when sensitive commercial or personal information is involved

4. Dispute Resolution: Include when there's potential for disagreement about the scope of subrogation or recovery process

5. Costs and Expenses: Required when there are specific arrangements about who bears the costs of recovery actions

Suggested Schedules

1. Schedule 1 - Insurance Policy Details: Details of the relevant insurance policy including policy number, period, and coverage

2. Schedule 2 - Claim Documentation: Details of the claim including date of loss, amount paid, and supporting documentation

3. Schedule 3 - Recovery Rights: Specific listing of all rights being transferred through subrogation

4. Appendix A - Supporting Documents: Copies of relevant documentation such as accident reports, police reports, or correspondence

5. Appendix B - Payment Evidence: Proof of payment of the insurance claim by the insurer to the insured

Authors

Alex Denne

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Insurance

Legal Services

Financial Services

Maritime

Construction

Manufacturing

Transportation

Property Management

Healthcare

Retail

Relevant Teams

Legal

Claims

Risk Management

Compliance

Insurance Operations

Documentation

Recovery

Underwriting

Client Relations

Policy Administration

Relevant Roles

Insurance Claims Manager

Legal Counsel

Risk Manager

Insurance Broker

Claims Adjuster

Compliance Officer

Insurance Underwriter

Recovery Specialist

Insurance Operations Manager

Legal Administrator

Corporate Counsel

Claims Settlement Officer

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