Subrogation Form

Subrogation Form Template for Malaysia

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Key Requirements PROMPT example:

"I need a Subrogation Form under Malaysian law for a property damage claim worth RM 500,000, where ABC Insurance Berhad will pursue recovery rights against a third-party contractor who caused water damage to our insured's commercial building on January 15, 2025."

Document background

The Subrogation Form is a fundamental document in Malaysian 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 various insurance contexts, from property damage to liability claims, and must comply with Malaysian legislation including the Financial Services Act 2013 and Civil Law Act 1956. The form typically documents the original claim details, confirms the payment made by the insurer, and explicitly transfers the insured's rights of recovery to the insurance company. It serves as a crucial legal instrument in the claims recovery process, protecting the interests of both the insurer and the insured while facilitating the efficient operation of the insurance market in Malaysia.

Suggested Sections

1. Parties: Identifies the parties to the agreement: the Insured (Subrogor) and the Insurance Company (Subrogee)

2. Background: Brief context about the insurance policy, the loss event, and the claim payment

3. Definitions: Defines key terms used in the document including 'Claim', 'Loss', 'Rights of Recovery', and 'Subrogation Amount'

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

5. Transfer of Rights: The operative clause that transfers the insured's rights of recovery to the insurer

6. Cooperation Clause: Insured's agreement to cooperate with the insurer in pursuing recovery from third parties

7. Warranties and Representations: Insured's confirmation that they have not compromised the rights being transferred

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

9. Execution: Signature block and execution details

Optional Sections

1. Partial Subrogation Clause: Used when only a portion of the total loss is being subrogated

2. Multiple Beneficiaries: Required when there are multiple parties with rights to the claim proceeds

3. Consideration: May be included to explicitly state the consideration for the subrogation rights

4. Governing Law and Jurisdiction: Important for cross-border transactions or when jurisdiction needs to be explicitly stated

5. Islamic Law Compliance: Required when the subrogation involves Takaful (Islamic insurance) principles

6. Confidentiality: Added when sensitive information needs to be protected

Suggested Schedules

1. Schedule A - Claim Details: Detailed description of the loss event, date, location, and circumstances

2. Schedule B - Payment Details: Breakdown of the payment made by the insurer, including any deductibles or exclusions

3. Schedule C - Insurance Policy Details: Reference to the original insurance policy, including policy number and relevant terms

4. Schedule D - Supporting Documents: List of documents evidencing the claim and payment

5. Appendix 1 - Power of Attorney: If required, formal authorization for the insurer to act on behalf of the insured

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok��˰� | 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

Financial Services

Legal Services

Risk Management

Banking

Real Estate

Manufacturing

Healthcare

Transportation

Construction

Retail

Maritime

Aviation

Relevant Teams

Legal

Claims

Risk Management

Compliance

Operations

Underwriting

Policy Administration

Recovery

Document Management

Client Relations

Relevant Roles

Claims Manager

Legal Counsel

Risk Manager

Insurance Underwriter

Compliance Officer

Claims Adjuster

Insurance Broker

Policy Administrator

Recovery Specialist

Insurance Operations Manager

Legal Risk Officer

Contract Administrator

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Let's create your Subrogation Form

Authors

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