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Subrogation Agreement Template for United States

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Key Requirements PROMPT example:

Subrogation Agreement

"Need a Subrogation Agreement for our insurance company to recover medical expenses paid ($50,000) following a workplace accident on March 15, 2025, with rights to pursue claims against the equipment manufacturer responsible for the injury."

Document background
A Subrogation Agreement becomes necessary when an insurance company or similar entity pays a claim on behalf of an insured party and wishes to recover these costs from the responsible third party. This document, governed by U.S. federal and state laws, establishes the legal framework for such recovery efforts. The agreement typically details the original loss, payment made, and specific rights being transferred. It's particularly important in insurance claims, healthcare reimbursements, and property damage cases where multiple parties may have recovery rights.
Suggested Sections

1. Parties: Identification of the subrogating party and the party receiving subrogation rights

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

3. Definitions: Key terms used in the agreement including 'Claim', 'Loss', 'Recovery'

4. Subrogation Rights: Specific rights being transferred and their scope

5. Payment Terms: Details of any payments or reimbursements

6. Cooperation Obligations: Parties' duties to assist in pursuing claims

Optional Sections

1. Collection Procedures: Specific procedures for collecting subrogated claims, used when complex collection processes are involved

2. Confidentiality: Terms regarding confidential information handling, used when sensitive information is involved

3. Dispute Resolution: Procedures for resolving disputes, used when parties want to specify alternative dispute resolution methods

Suggested Schedules

1. Schedule of Claims: Detailed list of claims subject to subrogation

2. Recovery Calculation Schedule: Formula or method for calculating recoverable amounts

3. Documentation of Original Loss: Evidence of the original loss or payment

4. Power of Attorney: Legal document authorizing one party to act on behalf of another in pursuing claims

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

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Industries

State-Specific Insurance Laws: Each state's individual insurance regulations, including specific requirements for subrogation rights, limitations, and anti-subrogation rules that may apply in the jurisdiction

Federal Laws: Key federal legislation including ERISA (Employee Retirement Income Security Act), Medicare Secondary Payer Act, and Federal Employee Health Benefits Act (FEHBA)

Common Law Principles: Fundamental legal doctrines including the made-whole doctrine, doctrine of equitable subrogation, and doctrine of contractual subrogation

Contract Law: Basic contract formation requirements specific to each state, including Statute of Frauds and consideration requirements

Statute of Limitations: State-specific time limits for filing subrogation claims and applicable notice requirements

Industry-Specific Regulations: Specific regulations depending on industry context, such as HIPAA for healthcare, state workers' compensation laws, or state auto insurance regulations

Consumer Protection Laws: State and federal consumer protection statutes and fair debt collection practices requirements that may impact subrogation rights and procedures

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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