What Is a Waiver of Subrogation? A waiver of subrogation is a contractual provision whereby an insured waives the right of their insurance carrier to seek redress or seek compensation for losses from ...
An increasingly common source of delay and confusion seems to be whether a contracting party will, or even can, waive its liability insurer’s subrogation rights against the other party, especially ...
In United States Automatic Sprinkler Corporation v. Erie Insurance Exchange, et al., No. 2SS-CT-264, 2023 Ind. LEXIS 105, the Supreme Court of Indiana (Supreme Court) reversed an order of the trial ...
A recent Maryland appellate decision arising from an insurance company’s exercise of subrogation rights against negligent subcontractors in connection with tornado damage to a warehouse illustrates ...
The Maryland Supreme Court has agreed to hear a Baltimore City case that will determine the scope of subrogation waivers in construction contracts. Last week, the state’s high court granted a ...
Julia Kagan is a financial/consumer journalist and former senior editor, personal finance, of Investopedia. Samantha (Sam) Silberstein, CFP®, CSLP®, EA, is an experienced financial consultant. She has ...
In a striking legal turn, State Farm's subrogation efforts faced a significant setback due to a contradictory position taken by its insured in an earlier court case. The Appellate Division, Second ...
"The Court reasoned that subrogation, by definition, requires that the subrogee obtain the right to proceed against a third party and that the non-duplication provision provided no such right.
As Todd Dills and I discussed for his 2021 story “Just say no: One owner-operator's approach to broker/customer demands to be 'additional insured'," brokers and customers frequently require that they ...
Because waiver was not established, the court concluded that the unjust enrichment claim should not have been dismissed. The ...
Subcontractors who built an Amazon warehouse fulfillment center in Baltimore City are not third-party beneficiaries of the contract between Amazon and the warehouse’s landlord, the Maryland Supreme ...
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