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 New York Complaint for Recovery of Monies Paid and for Declaratory Judgment as to Parties' Responsibility and Subrogation is a legal document filed with a court in the state of New York to seek the recovery of money paid and a declaration of the parties' responsibilities and subrogation rights. This complaint may arise in various situations, including insurance claims, contract disputes, or even personal injury cases. The purpose of this complaint is to outline the circumstances of the payment of money, provide evidence of the legal basis for recovery, and seek a judgment that determines the liability of the parties involved and their respective responsibilities. Additionally, it aims to establish the subrogation rights of the party making the claim, granting them the ability to "step into the shoes" of the person or entity whose losses were paid for. In an insurance context, a Complaint for Recovery of Monies Paid and for Declaratory Judgment may be filed to recover amounts paid by an insurer on behalf of its insured due to the negligence or fault of another party. The insurer seeks reimbursement from the responsible party while seeking a declaratory judgment from the court to determine the liability and subrogation rights in the matter. In a contract dispute, this type of complaint can be filed when one party has already made payments to the other party, but believes that the other party has breached their contractual obligations. The complaining party seeks recovery of the amounts paid and a judgment that confirms the breaching party's responsibility for the damages incurred, as well as their subrogation rights against any third parties who may also be liable. Personal injury cases can also give rise to this type of complaint. For example, if an injured person has already received compensation from their insurance company, but believes that another party was actually responsible for the accident or injury, they may file a Complaint for Recovery of Monies Paid and for Declaratory Judgment. The goal is to recover the amounts paid by the insurance company and establish the responsible party's liability, as well as the injured person's subrogation rights against any potential third-party defendants or sources of compensation. Keywords: New York, complaint, recovery of monies paid, declaratory judgment, party responsibility, subrogation, insurance claims, contract disputes, personal injury, negligence, liability, reimbursement, breach, damages, compensation, insurance company, responsible party, third-party defendants.
