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Subrogation Form for Malta

Subrogation Form Template for Malta

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Subrogation Form

"I need a Maltese law Subrogation Form for our insurance company to recover 鈧250,000 from a third-party logistics company following a warehouse fire claim we paid out to our insured manufacturing client in January 2025."

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Subrogation Form

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What is a Subrogation Form?

The Subrogation Form is a crucial document in insurance claims processing under Maltese law, used when an insurer has compensated an insured party for a loss and seeks to recover the paid amount from a responsible third party. This document is essential in various scenarios, including property damage, personal injury, or professional liability claims. The form must comply with the Civil Code of Malta (Chapter 16) and the Insurance Business Act, incorporating specific provisions that establish the legal basis for the transfer of rights. It typically includes details of the original insurance policy, the claim payment, and the incident giving rise to the claim. The document serves as evidence of the insurer's right to pursue recovery and the insured's obligation to cooperate in the recovery process.

What sections should be included in a Subrogation Form?

1. Identification of Parties: Details of the Insurer, Insured, and any other relevant parties including registration numbers, addresses, and representatives

2. Background: Brief description of the insurance policy, the loss event, and the claim that gives rise to the subrogation right

3. Definitions: Clear definitions of key terms used in the document including 'Claim', 'Loss', 'Policy', 'Subrogation Rights', etc.

4. Details of Loss/Incident: Specific information about the incident or loss that triggered the insurance claim

5. Claim Amount: Statement of the amount paid by the insurer to the insured

6. Subrogation Declaration: Formal declaration transferring rights from the insured to the insurer

7. Rights and Obligations: Detailed description of the rights being transferred and ongoing obligations of all parties

8. Cooperation Clause: Insured's commitment to cooperate with the insurer in pursuing the claim

9. Governing Law: Specification that Maltese law governs the agreement

10. Execution: Signature blocks and execution formalities

What sections are optional to include in a Subrogation Form?

1. Partial Subrogation Provisions: Required when the insurer has only paid part of the total loss amount

2. Third Party Rights: Include when there are other parties with potential interests in the claim

3. Confidentiality: Add when sensitive information is involved in the claim

4. Dispute Resolution: Include specific dispute resolution procedures when dealing with high-value or complex claims

5. Multiple Jurisdiction Provisions: Required when the incident or potential recovery involves multiple jurisdictions

6. Power of Attorney: Include when the insurer needs specific authority to act on behalf of the insured

What schedules should be included in a Subrogation Form?

1. Schedule A - Insurance Policy Details: Copy or key details of the relevant insurance policy

2. Schedule B - Claim Documentation: List and copies of all relevant claim documents, including proof of payment

3. Schedule C - Incident Report: Detailed report of the incident or loss event

4. Schedule D - Payment Details: Breakdown of payment made by insurer and any deductibles or excess

5. Appendix 1 - Supporting Documents: Additional documentation such as photographs, witness statements, or expert reports

6. Appendix 2 - Correspondence: Relevant correspondence between parties regarding the claim

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

Relevant legal definitions



































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Relevant Industries

Insurance

Financial Services

Legal Services

Maritime

Aviation

Construction

Manufacturing

Healthcare

Real Estate

Transportation

Retail

Professional Services

Relevant Teams

Legal

Claims

Compliance

Risk Management

Insurance Operations

Recovery

Policy Administration

Underwriting

Document Management

Client Relations

Relevant Roles

Insurance Claims Manager

Legal Counsel

Risk Manager

Claims Adjuster

Insurance Underwriter

Compliance Officer

Insurance Broker

Claims Handler

Legal Administrator

Insurance Operations Manager

Recovery Specialist

Subrogation Attorney

Insurance Policy Administrator

Claims Investigator

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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