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Subrogation Settlement Agreement for India

Subrogation Settlement Agreement Template for India

A Subrogation Settlement Agreement under Indian law is a formal legal document that finalizes the settlement of subrogation rights between an insurer, the insured party, and a third party responsible for the loss. This agreement, governed by Indian insurance and contract law, documents the transfer of recovery rights from the insured to the insurer and establishes the terms of settlement with the third party. It includes detailed provisions for payment, mutual releases, confidentiality, and future obligations, while ensuring compliance with Indian legal requirements and insurance regulations.

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Subrogation Settlement Agreement

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What is a Subrogation Settlement Agreement?

The Subrogation Settlement Agreement is a critical document used in the Indian insurance industry when an insurer, having paid a claim to its insured, seeks to recover the paid amount from a third party responsible for the loss. This document becomes necessary when parties agree to settle the subrogation claim without (or before) court intervention. It captures the terms of settlement, including payment obligations, releases, and warranties, while ensuring compliance with Indian insurance regulations and contract law. The agreement is particularly important as it provides finality to the subrogation process, prevents future claims related to the same incident, and documents the insurer's recovery rights. It must be carefully drafted to address specific requirements under Indian law, including the Insurance Act, 1938, and relevant IRDAI regulations.

What sections should be included in a Subrogation Settlement Agreement?

1. Parties: Identification of all parties to the agreement including the insurer, insured, and third party

2. Background: Details of the incident, insurance claim, and circumstances leading to the subrogation settlement

3. Definitions: Definitions of key terms used throughout the agreement

4. Settlement Amount: Specification of the settlement sum and payment terms

5. Subrogation Rights: Express transfer of rights from insured to insurer

6. Release and Discharge: Mutual release of claims and discharge of liabilities

7. Representations and Warranties: Standard representations by all parties regarding authority and capacity to enter agreement

8. Confidentiality: Obligations regarding confidentiality of settlement terms

9. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction for disputes

10. Notices: Process and addresses for serving notices under the agreement

11. Entire Agreement: Confirmation that this document represents the entire agreement between parties

What sections are optional to include in a Subrogation Settlement Agreement?

1. Multiple Insurer Provisions: Required when multiple insurers are involved in the subrogation claim

2. Ongoing Litigation Provisions: Required when there is pending litigation that needs to be withdrawn

3. Future Cooperation: Include when ongoing cooperation may be needed for related matters

4. Tax Implications: Include when settlement has significant tax consequences requiring specific provisions

5. Partial Settlement Provisions: Required when the settlement covers only part of the total claim

6. Third Party Rights: Include when other parties' rights might be affected by the settlement

What schedules should be included in a Subrogation Settlement Agreement?

1. Schedule 1 - Claim Details: Detailed description of the insurance claim and incident

2. Schedule 2 - Payment Schedule: If payment is to be made in installments, details of payment dates and amounts

3. Schedule 3 - Supporting Documents: List of all relevant documentation supporting the claim and settlement

4. Schedule 4 - Related Proceedings: Details of any related legal proceedings or claims

5. Appendix A - Power of Attorney: If applicable, power of attorney documentation

6. Appendix B - Corporate Authorizations: Corporate resolutions or authorizations for entering into the agreement

Authors

Alex Denne

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

Jurisdiction

India

Cost

Free to use
Relevant legal definitions


































Clauses



























Relevant Industries

Insurance

Legal Services

Financial Services

Manufacturing

Construction

Transportation and Logistics

Healthcare

Real Estate

Maritime and Shipping

Energy and Utilities

Retail and Consumer Goods

Professional Services

Relevant Teams

Legal

Insurance Operations

Risk Management

Compliance

Claims Processing

Corporate Affairs

Underwriting

Recovery Operations

Policy Administration

Dispute Resolution

Relevant Roles

Insurance Claims Manager

Legal Counsel

Risk Manager

Compliance Officer

Insurance Underwriter

Claims Adjuster

Corporate Lawyer

Insurance Operations Manager

Settlement Officer

Legal Risk Analyst

Insurance Recovery Specialist

Subrogation Manager

Chief Legal Officer

Insurance Policy Manager

Recovery Operations Manager

Industries






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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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