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this is barry zelma zelma on insurance today id like to speak about the concepts of waiver and estoppel something important to everyone involved in the investigation of an insurance claim although the concepts of waiver and estoppel are usually lumped together they are totally different concepts that when applied they may result in similar conclusions by a trier of fact but they are still very different waiver is a voluntary relinquishment or abandonment express or implied of a legal right or advantage the person who is found to have waived a right must do it knowingly with knowledge of the existing right and the intention of foregoing the right estoppel on the other hand requires that a court create a bar that prevents one from asserting a claim or right that contradicts what one has said or done before or what has been legally established is true to establish estoppel the insured or insurer must produce evidence that one there was a false representation two the false representation
