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Tennessee Complaint for Recovery of Monies Paid and for Declaratory Judgment as to Parties' Responsibility and Subrogation

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This form for use in litigation against an insurance company for bad faith breach of contract. Adapt this model form to fit your needs and specific law. Not recommended for use by non-attorney.

A Tennessee Complaint for Recovery of Monies Paid and for Declaratory Judgment as to Parties' Responsibility and Subrogation is a legal document filed by an individual or entity seeking to recover funds that were paid in a specific situation and requesting a declaration from the court regarding the responsibility of the parties involved. This type of complaint is generally filed in cases such as insurance disputes, contractual disagreements, or any situation where one party has paid money and believes they have a right to be reimbursed. By filing this complaint, the plaintiff is asking the court to order the defendant to repay the money that was paid. Keywords: Tennessee, complaint, recovery of monies paid, declaratory judgment, parties' responsibility, subrogation, legal document, court, insurance disputes, contractual disagreements, reimbursement. There may be different variations or sub-types of a Tennessee Complaint for Recovery of Monies Paid and for Declaratory Judgment as to Parties' Responsibility and Subrogation based on specific circumstances or legal theories. Some potential variations could include: 1. Insurance Subrogation Complaint: This type of complaint is typically filed by an insurance company that has made a payment on behalf of their insured and is seeking to recover those funds from a responsible party. The complaint would outline the details of the insurance policy, the payments made, and the party responsible for the damages. 2. Breach of Contract Complaint: In cases where a contractual agreement has been violated, resulting in one party making payments they believe are not their responsibility, a complaint may be filed to recover those funds. The complaint would highlight the specific provisions of the contract, the breaches committed, and the monetary amount to be reimbursed. 3. Construction Defect Complaint: When a construction project experiences defects or deficiencies that require additional payments to resolve, a complaint may be filed by the affected party to recover those costs. The complaint might address the details of the construction agreement, the defects or deficiencies identified, and the amount requested for recovery. 4. Negligence Complaint: If a party has suffered damages due to the negligence of another, resulting in payments made to rectify the situation, a complaint might be filed to recover those funds. The complaint would outline the negligent acts, the damages caused, and the monetary amount sought for recovery. 5. Property Damage Complaint: In cases where a property has been damaged, and the responsible party has not provided compensation for the repairs, a complaint can be filed to recover the costs. The complaint would describe the property damage, the responsible party's actions or omissions, and the amount requested for reimbursement. It is important to note that the specific details and elements of these complaints may vary depending on the factual and legal circumstances of each case.

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What is Subrogation? Subrogation refers to the practice of substituting one party for another in a legal setting. Essentially, subrogation provides a legal right to a third party to collect a debt or damages on behalf of another party.

In the event of payment to any person under the coverage required by this part, and subject to the terms and conditions of the coverage, the insurer making payment shall, to the extent of the coverage, be subrogated to all of the rights of the person to whom payment has been made, and shall be entitled to the proceeds ...

This right is called subrogation and is an equitable doctrine. A person can satisfy his/her loss that is created by the wrongful act or omission of another person by stepping into the shoes of another and recovering on the claim from the wrongdoer.

Medical assistance paid to, or on behalf of, any recipient cannot be recovered from a beneficiary unless such assistance has been incorrectly paid, or, unless the recipient or beneficiary recovers or is entitled to recover from a third party reimbursement for all or part of the costs of care or treatment for the injury ...

The subrogation right attaches automatically as a lien against any proceeds received by the plan participant from a third-party tortfeasor for the cost of care or treatment for any injury or illness caused by the third-party tortfeasor for which medical payment is provided.

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Tennessee Complaint for Recovery of Monies Paid and for Declaratory Judgment as to Parties' Responsibility and Subrogation