A waiver of
subrogation provision will require the tenant and landlord to get, in writing, their insurers to agree to not sue the party that caused the damage.
Many insurers will amend the policy conditions to include a waiver of
subrogation provision.
Not exact matches
~ The Insurance Act's
provisions excluding
subrogation in cases where the insured receives income continuation or replacement payments apply where the party paying the benefits is an insurer under an insurance contract, but do not extend to employers ~
Areas of law: Insurance law;
Subrogation; Income replacement plan; Statutory exceptions ~ The Insurance Act's provisions excluding subrogation in cases where the insured receives income continuation or replacement payments apply where the party paying the benefits is an insurer under an insurance contract, but do not extend to
Subrogation; Income replacement plan; Statutory exceptions ~ The Insurance Act's
provisions excluding
subrogation in cases where the insured receives income continuation or replacement payments apply where the party paying the benefits is an insurer under an insurance contract, but do not extend to
subrogation in cases where the insured receives income continuation or replacement payments apply where the party paying the benefits is an insurer under an insurance contract, but do not extend to employers ~
The shipowners contended that the insurers» claim — arising as a result of rights of
subrogation from the charterers of the vessel, who also owned the jetty — fell within the arbitration
provision contained in the charterparty.
Given the broad scope of the
provision, OHIP has
subrogation claims in most personal injury matters, including slip and falls, dog attacks, sexual assaults, assaults and batteries, boating fatalities, medical malpractice, and product liability matters.
For instance, within the context of a motor vehicle collision, any such contractual term establishing a
subrogation claim would be contradicted and overruled by the specific
provisions set out in the Statutory Accident Benefit Schedule and the Insurance Act, which purport that the accident benefits provider and at - fault driver receive a deduction for LTD benefits paid, not the other way around.
For example, Justice Ramsay rejected that these
provisions should apply to the municipality in Williston v. City of Hamilton on the basis that the defendant was not an insurer by name or by
subrogation.
For insurance companies, Jim litigates and arbitrates coverage cases involving construction mishaps, professional liability claims, uninsured / underinsured motorist policy
provisions,
subrogation claims, third - party additional - insured disputes, lead paint exclusions, and «other insurance»
provisions.
Part 36 paradise >> «Own initiative» strike outs >> Big sch 1
provision claims >> summary assessment costs >> Profit on hire charge
subrogation >> Rent unpaid: must landlord mitigate?
Our team has extensive experience in technical legal concepts such as indemnities, waivers of
subrogation, subordination
provisions, exclusive use
provisions, insurance
provisions, fire, casualty and condemnation
provisions and
provisions regarding the assumption of takeover of existing leases.
[38] On a plain reading of s. 84 (1) of the Insurance (Vehicle) Act, the
provisions pertain to the statutory
subrogation issues between the insured and the insurer, which issues were not before me in this litigation.
Coventry Health Care v. Nevils (Does the Federal Employee Health Benefits Act's express - preemption
provision preempt state laws that prevent carriers from seeking
subrogation or reimbursement and, if so, is preemption by contract consistent with the Supremacy Clause)(co-counsel on the merits)