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A waiver of subrogation is a contract provision that prohibits an insurance company from seeking compensation from a negligent third party after paying a claim to the insured.
Should you agree to a waiver of subrogation?
Subrogation is the process where one party assumes the legal rights of another, typically by substituting one creditor for another. Subrogation can also occur when one party takes over anothers right to sue.
What is a waiver of subrogation form?
A workers comp waiver of subrogation is a document that states that you are waiving your right for your insurer to seek compensation from a third party that might have been involved in a workplace accident or injury. When a claim is filed and accepted, we do all we can to help restore the injured worker.
What is the purpose of a waiver of subrogation?
It is fair and reasonable to provide the customer with a waiver, if the customers insurer waives subrogation against you as well, but I would not agree to it if it were only in the customers favour. It is shifting customer risk from it and its insurer to you.
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Instead, if a plaintiff is to obtain monetary relief under Section 1132(a)(3), it must be a form of such relief that was typically available in equity. Id.
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