In Ace American Insurance Co. v. American Medical Plumbing, 458 N.J. Super. 535 (App. Div. 2019), the Appellate Division addressed an issue of first impression in New Jersey: the enforcement of waiver ...
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 ...
Perhaps the main thing waiver, subrogation and indemnity have in common is how frequently misunderstood they are. I often get a glazed-over “huh?” when I float one of them out before someone who ...
Additional insured. Brokers and direct shipper customers frequently attempt to require that they be added to your liability insurance policy as what's known as an "additional insured." This is a ...
Take, for example “Waivers of Subrogation.” (It is not a heavy-metal band.) To understand it, let’s break it down to its components. “Waiver” is the voluntary giving up of a right. “Subrogation” is ...
Subrogation is the process by which your insurance company seeks financial reimbursement for claims it paid out but wasn’t financially responsible for. For example, if you were in a car accident but ...
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 ...