A West Virginia Subrogation Agreement is a legally binding contract between an insurer and the insured in the state of West Virginia. This agreement outlines the terms and conditions regarding subrogation rights and responsibilities in the event of a loss or damages covered by the insurance policy. Subrogation is a process wherein the insurance company assumes the rights of the insured to recover the amount paid out for a claim from a third party who may be responsible for causing the loss or damages. The purpose of a subrogation agreement is to establish the relationship, rights, and obligations between the insurer and the insured regarding the pursuit of subrogation. The West Virginia Subrogation Agreement typically includes the following key elements: 1. Parties involved: The agreement identifies the insurer, also known as the surge, and the insured, referred to as the suborder. 2. Insurance policy details: The agreement specifies the insurance policy number, effective date, and coverage details relevant to the claim. 3. Subrogation rights: The agreement delineates the insurer's rights to pursue subrogation against any responsible third parties, including the insured's right to aid in the recovery process. 4. Notice requirements: The agreement sets forth the obligations of the insured to promptly notify the insurer of any potential subrogation claims or events that may lead to a recovery. 5. Cooperation clause: The agreement establishes the insured's responsibility to fully cooperate with the insurer during the subrogation process, including providing necessary documentation, testimony, or assistance. 6. Subrogation recovery allocation: This clause outlines how any recovered funds will be allocated between the insurer and the insured, typically based on the costs incurred by the insurance company and the deductible or self-insured retention borne by the insured. 7. Claim settlement provisions: The agreement may include information on how settlement negotiations or legal actions will be handled, including the authority granted to the insurer to settle claims on behalf of the insured. Some variations of West Virginia Subrogation Agreements may exist depending on the specific insurance coverage and industry. For example, there may be separate subrogation agreements tailored to automobile insurance, property insurance, or workers' compensation insurance. These agreements may include additional provisions relevant to the specific type of insurance policy. It is crucial for insurers and insured parties in West Virginia to understand the intricacies of the Subrogation Agreement and the rights it grants to both parties. Seeking legal advice and reviewing the specific language of the agreement is recommended to ensure compliance with West Virginia state laws and regulations concerning subrogation.