Search FCS
Online Library Request Demo Newsletter Sign-Up Sign In
 

Waiver of Subrogation Divides Virginia Appellate Court

The three judges were divided over whether the waiver of the insurer's right to subrogation did or did not discharge the underlying tort liability against the defendant.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

The Court of Appeals of Virginia recently determined that an insurer’s waiver of its right to subrogation did not exude the underlying tort liability of the liable party.

In considering whether an insurer’s waiver of its right to subrogation against a tortfeasor precludes the insured-plaintiff from recovering on a judgment against the tortfeasor, the 2-1 majority determined that the mere waiver of the insurer’s right to subrogation didn’t discharge the underlying tort liability.

This premium content is locked for
FC&S Expert Coverage Interpretation subscribers.

Enjoy unlimited access to the trusted solution for successful interpretation and analyses of complex insurance policies.

  • Quality content from industry experts with over 60 years insurance experience, combined
  • Customizable alerts of changes in relevant policies and trends
  • Search and navigate Q&As to find answers to your specific questions
  • Filter by article, discussion, analysis and more to find the exact information you’re looking for
  • Continually updated to bring you the latest reports, trending topics, and coverage analysis

Already have an account?
For enterprise-wide or corporate access, please contact our Sales Department at 1-800-543-0874 or email [email protected].

 

Get Answers Directly From the FC&S Experts

Submit your coverage interpretation question to the editors of FC&S for quick and reliable information.

Question of the Week

Insurance Coverage Q&A: A Retaining Wall and Water Accumulation ›

Water behind a retaining wall causes it to collapse. Could the failure of drains to remove the water make this a water backup situation?

Question of the Week Archive ›

Weekly Highlights

Emerging Risks ›
Litigation Watch ›
Fraud of the Week ›

Fast Things You Need To Know

Copyright © 2023 ALM Global, LLC. All Rights Reserved.