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Waiver Of Subrogation

Waiver Of Subrogation

What is a 'Waiver Of Subrogation'

A waiver of subrogation is a contractual provision where one party agrees to limit the rights of its own insurance carrier and usually pays an additional premium for a special policy endorsement allowing for coverage under such a situation. Many construction contracts and leases include waiver of subrogation clauses. Such provisions prevent one party’s insurance carrier from pursuing a claim against the other contractual party in an attempt to recover money paid by the insurance company to its insured or to a third party in resolution of a covered claim. Next Up Subrogation Equitable Subrogation Cooperation Clause Waiver Of Premium For Payer Benefit ...

Explaining 'Waiver Of Subrogation'

A right of subrogation allows an insurance carrier to stand in the place of its insured after satisfying a claim paid to or on behalf of the insured in accordance with the company’s duties under the insurance policy. The insurance company may then pursue whatever claim its insured could assert against other parties for that same loss, even when the loss involves resolution of claims brought against the insured. Because they cannot recover the money paid to or on behalf of their insureds when such waivers apply, insurance companies frequently charge an extra premium for an endorsement covering the insured for claims barred by such contractual provisions. Parties to the contract avoid suing each other, and the insurance company bears the loss.

Landlord and Tenant

When a landlord includes such a clause in a lease, the company issuing the tenant’s renter’s insurance policy usually requires an additional premium for coverage of losses paid by the insurer as a result of acts or omissions of the landlord. This is because without the waiver of subrogation clause in the lease, the insurer is able to assert a claim against the landlord for the amount paid to the insured, or on behalf of its insured in resolution of a covered claim.


Further Reading

The litigation finance contractThe litigation finance contract
heinonline.org [PDF]
… Real security rights 13 C. The practical functions of security rights: Law, economics and social implications 14 … d) Partial subrogation upon partial performance 123 e) Effectiveness of the subrogation 124 f) Protection by the law of the right of subrogation 125 g) Waiver by the …

Toward a Regulatory Framework for Third-Party Funding of LitigationToward a Regulatory Framework for Third-Party Funding of Litigation
heinonline.org [PDF]
… Real security rights 13 C. The practical functions of security rights: Law, economics and social implications 14 … d) Partial subrogation upon partial performance 123 e) Effectiveness of the subrogation 124 f) Protection by the law of the right of subrogation 125 g) Waiver by the …

Economics of Third-Party Financed Litigation, TheEconomics of Third-Party Financed Litigation, The
heinonline.org [PDF]
… Real security rights 13 C. The practical functions of security rights: Law, economics and social implications 14 … d) Partial subrogation upon partial performance 123 e) Effectiveness of the subrogation 124 f) Protection by the law of the right of subrogation 125 g) Waiver by the …

The Range of the Marine Insurance SubrogationThe Range of the Marine Insurance Subrogation
en.cnki.com.cn [PDF]
… Real security rights 13 C. The practical functions of security rights: Law, economics and social implications 14 … d) Partial subrogation upon partial performance 123 e) Effectiveness of the subrogation 124 f) Protection by the law of the right of subrogation 125 g) Waiver by the …

Public disclosure of corporate tax return information: Accounting, economics, and legal perspectivesPublic disclosure of corporate tax return information: Accounting, economics, and legal perspectives
www.jstor.org [PDF]
… Real security rights 13 C. The practical functions of security rights: Law, economics and social implications 14 … d) Partial subrogation upon partial performance 123 e) Effectiveness of the subrogation 124 f) Protection by the law of the right of subrogation 125 g) Waiver by the …

Public Buildings and Institutions: Solar Power and Energy Conservation as Solutions: Legal and Financial Mechanisms for Sustainable BuildingsPublic Buildings and Institutions: Solar Power and Energy Conservation as Solutions: Legal and Financial Mechanisms for Sustainable Buildings
www.sciencedirect.com [PDF]
… Real security rights 13 C. The practical functions of security rights: Law, economics and social implications 14 … d) Partial subrogation upon partial performance 123 e) Effectiveness of the subrogation 124 f) Protection by the law of the right of subrogation 125 g) Waiver by the …

Letters of credit and bank guarantees under international trade lawLetters of credit and bank guarantees under international trade law
ideas.repec.org [PDF]
… Real security rights 13 C. The practical functions of security rights: Law, economics and social implications 14 … d) Partial subrogation upon partial performance 123 e) Effectiveness of the subrogation 124 f) Protection by the law of the right of subrogation 125 g) Waiver by the …

On the Definition of “Member” of the Limitation Clause of Insurance SubrogationOn the Definition of “Member” of the Limitation Clause of Insurance Subrogation
en.cnki.com.cn [PDF]
… Real security rights 13 C. The practical functions of security rights: Law, economics and social implications 14 … d) Partial subrogation upon partial performance 123 e) Effectiveness of the subrogation 124 f) Protection by the law of the right of subrogation 125 g) Waiver by the …

Automobile accident costs and payments: Studies in the economics of injury reparationAutomobile accident costs and payments: Studies in the economics of injury reparation
repository.law.umich.edu [PDF]
… Real security rights 13 C. The practical functions of security rights: Law, economics and social implications 14 … d) Partial subrogation upon partial performance 123 e) Effectiveness of the subrogation 124 f) Protection by the law of the right of subrogation 125 g) Waiver by the …


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Section 508

WCAG 2.0

Section 508