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.
August 31, 2023 at 05:45 AM
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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.
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