Understand the implications of waiving the right of subrogation

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  Risk Management  Raising Awareness
    
August 29, 2018

STOP! VERY LOUD STOP!

Before you agree to a Waiver of Subrogation

If you are a vendor, supplier, sub-contractor, third-party provider or tenant, you may have been asked to sign a Waiver of Subrogation.  It may have come in the form of an endorsement/stand-alone document or it may have been part of a broader contract.  WARNING: Do Not Take These Lightly!

By waiving the right of subrogation, you are signing a court-tested, legal document which will make it impossible for your insurance company to recover money they are due from an At-Fault third party.  While the Waiver of Subrogation may be required before you can get a job, rent a commercial space, or provide materials or products, you aren’t authorized to grant this Waiver.

Am I prohibited from entering into a contract that contains a Waiver of Subrogation?  No, you may very well be able to enter into such an agreement.  However, before doing so you need to provide the information to your insurer.  The will either authorize the waiver or provide you with guidance regarding the language that would be acceptable.    Return to TruePoint Home Page

What happens if I already have entered into a Waiver of Subrogation?  DO NOT HIDE or OVERLOOK this.  Failure to disclose this information could result in cancelation or denial of coverage.

 

 

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Waive the Right to Subrogate

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August 18, 2018

Waive the Right to Subrogation

or a Waiver of Subrogation is legal language found in contractual agreements between the insured and a third party.  This endorsement when appearing in an executed contract relinquishes the right for the insureds insurance company to subrogation against the third party.  There are many negative implications associated with signing a contract containing a subrogation waiver.

We strongly advise that you contact your insurance agent and your attorney prior to signing any contract requiring you to waive the right of subrogation.  The bottom-line is that waiving subrogation is the right of your insurance company, not yours.

 

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 Understand the implications of waiving the right of subrogation.

 

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Subrogation Claim

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August 27, 2018

Subrogation Claim

Subrogation is the process of one standing in for another.  As it relates to insurance, subrogation is the legal process which transfers authority to an insurance company, allowing them to file a claim against a third party.

The subrogation claim process works along these lines.  In most cases, the actions related to a subrogation claim between the two insurance companies.  Even though the insurance company for the damaged party is not liable, to rectify the situation as quickly as possible, they will most likely work to settle the claim with their customer.

Once they have closed the claim they will seek to be reimbursed.  The At-Fault party is legally responsible and they will now get to the business of getting their money back.  As mentioned earlier, subrogation language in your policy allows the insurance companies to proceed without input.  In most cases, the subrogation process is totally seamless as far as you the customer goes.

In some instances the matters are moved into the courtroom.  At this point, if you are the At-Fault party in an accident, your level of input it matters will most likely increase and you will receive notice of legal action against you.  While most of the actions will still be between the two insurance companies, you could be required to testify among other things.

 

 

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Subrogation

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August 26, 2018

Subrogation

Is a legal term that simply means someone stands in for another.  Review the related terms below to learn the role that subrogation plays in the insurance industry and how it might possibly impact you.

 

 

 

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Subrogation Clause

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August 25, 2018

Subrogation Clause

Is a legal term that simply means someone stands in for another.  The subrogation clause is the provision in an insurance policy which grants an insurance company the right to subrogate.

 

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Slander

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August 24, 2018

 

Slander

Defaming another via the spoken word.  Damaging the reputation of an individual or entity by making false statements while speaking to another person.  Unlike libel, which is generally considered to occur when the defamation occurs through published, written, broadcast or streamed medium or media, slander occurs through oral communications.

 

 

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  • Libel 
  • Personal Insurance Coverage for Libel & Slander
  • Business Insurance Coverage for Libel & Slander                   Return to TruePoint Home Page

 

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Subrogation Manager

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August 19, 2018

Subrogation Manager

Individual responsible for the management and oversite of an insurance companies subrogation department.

 

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Subrogation Release

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August 18, 2018

Subrogation Release

A subrogation release by the insured specifies that the insurer is entitled to the right the insured has to collect from any person or entity deemed responsible for a specific loss.

The release effectively reimburses the insurance company for any expenses paid in a settlement prior to a subrogation claim or settlement.  Additional in assures that the client is not able to double dip or collect twice from the same incident.

 

Related Terms and Phrases                           Return to TruePoint Home Page

 

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Certificate of Insurance

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August 12, 2018

Certificate of Insurance

Document issued by an insurance company or broker.  The primary purpose of the certificate of insurance (COI) is to provide proof of coverage to interested third parties.  Upon request by the insured, a valid certificate is sent by the broker or the insurer directly to the interested third party.  In most cases, the certificate comes in one of two industry standard forms:

 

 

 

 

 

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Dwelling Fire Policy

 

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August 7, 2018

Dwelling Fire Policy

A dwelling fire policy is most often considered for properties that do not meet the eligibility requirements required for a standard homeowners policy.  While coverages will vary for one insurance company to the next, coverages offered by typical homeowners policies will provide protection against more hazards.

Coverage Forms

If you are considering a dwelling fire policy it is important to understand which coverage form is being utilized.  Homeowners policies are written with one of three forms.  Understanding which form is being utilized is important to the insured as it defines the hazards or causes of loss which the policy will cover.  Covered causes of loss are typically specified under one of the three forms below:

  • Form 1     often referred to as the Basic Form covers only named perils: Wind, Hail, Lightning, Fire, Smoke, Explosion, Sprinkler Leakage, Sinkhole Collapse, Riot, Civil Commotion, Aircraft, Vehicles, Vandalism, and Volcanic Activity.
  • Form 2     the Broad Form covers the hazards included in the basic form plus; Burglary, Falling Objects, Weight of Ice and Snow, Accidental Water Damage, Artificially Generated Electricity, and Freezing of Plumbing
  • Form 3     the Special Form provides homeowners with the most comprehensive protection.  Unlike the Basic and Broad form, Form 3 protects the insured from all perils unless they are specifically excluded.  Common Exclusions include; Earthquake, Flood, Neglect, Ordinance of Law, Power Failure, Intentional Acts, War, and Nuclear Hazard.

 

Liability Protection

Typically, homeowners policies automatically provide liability protection to the insured. This is generally Return to TruePoint Home Pagenot an automatic feature in the dwelling fire policy, however, it may be offered as a policy endorsement.  It is important for those considering a dwelling fire policy to explore options regarding liability insurance.

 

 

 

As in all case regarding the purchase of insurance, we strongly encourage you to read all policy related documents and seek the advice of an unbiased insurance professional.

 

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