WHEREAS, on ____________________, ___________________, an insurance company, was presented with a claim arising from:
________________________

under insurance coverage provided to ______________________, under its coverage for:
______________________,

and, WHEREAS, on _________________________, ___________________ paid a claim in an amount of $ ____ (________________ & ____/100 dollars), with a deductible of  $ _____(________ & ____/100 dollars), arising from the perils and covered by the policy stated above, NOW, THEREFORE:
______________________, his heirs and assigns, herewith assign and convey to ________________ and any all rights against any entity who may be liable to ______________________ for the loss stated above.
______________________ shall pursue any and all responsible parties at its own expense, and may at its option, bring such action in its own name or that of ______________________.
______________________ herewith covenants and agrees to fully assist ___________________ in pursuit of its rights of subrogation herein.
___________________ may at its option pursue the deductible loss of ______________________.

In the event that ___________________ does so, it shall notify ______________________, and, further, ______________________ agrees that if any recovery is made that it will share in all costs related thereto pro rata.

______________________ further agrees not to release or exonerate the adverse party or parties or enter into any compromise with them without the prior approval of ___________________.

______________________ shall execute any and all instruments reasonably required by ______________ in connection herewith.

Date: _____________________________________

___________________________________________________
______________________

Subrogation Agreement
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This review list is provided to inform you about this document in question and assist you in its preparation.   This is a technical document that should only be executed by someone expert in the field.

__________________, referred to as PLAINTIFF, and _________________, referred to as DEFENDANT, agree:
The parties have been engaged in litigation before the _____________Court of ___________, case number ____________, styled _________________ vs. ___________________.
On _________________, the Court rendered a decision in the matter. The parties desire by this agreement to reach a final and complete settlement of the dispute.
All parties hereto waive the right to file any Motions or other legal process to request that the judgment be modified, vacated or appealed in any way.
In full and complete settlement of the disputes litigated and which could have been litigated, the following settlement shall occur:
CASH AWARD TO PLAINTIFF OF $____________________.
Said settlement shall be consummated no later than ______________. The parties shall execute such dismissals as may be required to effect this agreement. In the event that either party fails to consummate the settlement, the parties may apply to the Court stated above to enforce this agreement.
Upon the consummation of the settlement, the parties shall exchange releases in the form attached hereto.
The terms of the settlement shall be confidential and no party hereto shall reveal the terms of the settlement. However, the parties may state that the matter has been amicably resolved.

Dated: ________________________

_______________________________________
Plaintiff

_______________________________________
Defendant

Reviewed and approved by counsel for Plaintiff:
_______________________________________

Reviewed and approved by counsel for Defendant:
_______________________________________

Settlement Agreement
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This review list is provided to inform you about this document in question and assist you with its preparation.  This settlement agreement is intended to end the dispute without further judicial appeals or motions.  It can be adapted to a variety of settlement situations.
1.  Make multiple copies.  Give one to each signatory.  Keep one with the transaction file.

Dear ______________:

The enclosed invoice (s) is (are) past due, for a total sum of $ _______________.  We would appreciate your prompt payment so we can keep growing our businesses together.

Yours very truly,

____________
Employee Authorized

PS.  If your payment is in the mail, many thanks for keeping current.

Past Due, First Notice
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This review list is provided to inform you about the document in question and assist you in its preparation.

1.    This is a tactical letter to alert the customer you are aware his or her account has become past due.   Since some businesses do not pay on a routine basis until this kind of letter is received, you should always get this letter out promptly to new accounts.  Once you are in business with an account for some period of time, you can establish the approaches that best bring in payments (e.g., calls, faxes, emails, letters, or some combination of these approaches).

2.    You should avoid threats of all kinds in the first notice of collection.  However, having said that, you must remain vigilant that your Accounts Receivable does not become too old.  Experienced Credit Managers know that A/R over 90 days past due are only collected in a small percentage of cases.    Therefore, the issue is not just the date of payment but also to assure any payment at all.

This is to ratify the Agreement attached as Exhibit 1 (“Exhibit1”).  The parties signed Exhibit 1 _____ days ago and hereby ratify it in its entirety, having had sufficient time after the fact to wish to make this declaration in support of Exhibit 1 in it totality.

1. Notices.

Any notice required by this Agreement or given in connection with it, shall be in writing and shall be given to the appropriate party by personal delivery or a recognized over night delivery service such as FedEx.

If to the First Party: _____________________________________________________.

If to the Second Party: ___________________________________________________.

2.  No Waiver.

The waiver or failure of either party to exercise in any respect any right provided in this agreement shall not be deemed a waiver of any other right or remedy to which the party may be entitled.

3.  Entirety of Agreement.

The terms and conditions set forth herein constitute the entire agreement between the parties and supersede any communications or previous agreements with respect to the subject matter of this Agreement.  There are no written or oral understandings directly or indirectly related to this Agreement that are not set forth herein.  No change can be made to this Agreement other than in writing and signed by both parties.

4.  Governing Law.

This Agreement shall be construed and enforced according to the laws of the State of ____________________ and any dispute under this Agreement must be brought in this venue and no other.

5.  Headings in this Agreement

The headings in this Agreement are for convenience only, confirm no rights or obligations in either party, and do not alter any terms of this Agreement.

6.  Severability.

If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.

In Witness whereof, the parties have executed this Agreement as of the date first written above.

_________________________                _______________________
First Party                                Second Party

___________________
Date

______________________________
Witness

Ratification of Agreement
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This review list is provided to inform you about this document in question and assist you in its preparation.  This Ratification of Agreement is very useful to have signed after an agreement has been concluded with a difficult party.  It is especially important to be done if no lawyer was involved in the initial deal or at the signing.  This is effectively eliminates the rescission period available in certain consumer contracts (i.e., people have a certain number of days to rescind the agreement).   If you get this Ratification of Agreement signed 10 or days or more after the initial agreement, then you have accomplished that purpose and seriously put a brake on any lawyer challenging it at a later date.  On a personal basis, I have never had a lawyer bring suit against me or any company of mine when I had this ratification agreement in hand.  On the other hand, it did create a number of angry lawyers on the other side looking for a fee!  What more eloquent statement could be made about the usefulness of this agreement!

On a final note, the signing of this agreement by both parties, 10 days or more after the initial agreement, had an important ceremonial aspect of ratification and conclusion.  It helped.  Many lawyers will advise this is not a “necessary” document, and they would be right.  But, they can never deny that it was useful, unless they are on the other side seeking a fee!

PS.  This Agreement is so helpful, in my mind, that it is one of the few we have included in two places, legal utilities and business agreements.