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waiver of subrogation

A waiver of subrogation is an acknowledgment by an insurer that it has no right to subrogate against a liable third party after it has paid a loss on behalf of its insured.

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Waivers of subrogation typically are agreed to by insurers as a response to the insured's having waived its own right of recovery against a third party. Generally, insurance policies do not bar coverage if an insured waives its right of recovery 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. Parties in whose favor an insured has waived its right of recovery may want proof - in the form of a waiver of subrogation from the insurer - that the insured's coverage has not been negated by the waiver of recovery rights.


Subrogation Waiver

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