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waiver of subrogation

An agreement between two parties in which one party agrees to waive subrogation rights against another in the event of a loss. The intent of the waiver is to prevent one party's insurer from pursuing subrogation against the other party. Generally, insurance policies do not bar coverage if an insured waives subrogation against a third party before a loss. However, coverage is excluded from many policies if subrogation is waived after a loss because to do so would violate the principle of indemnity. See also Contractual risk transfer; Risk management techniques; Subrogation; Subrogation provision.

Links for IRMI Online Subscribers Only: CAI VIII.F; CLI V.J; CPI V.D; CRM X.H; CRT V.D; IWC IX.E; PracRisk, Topic D-15


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