Five Defenses to Contractual Waivers of Subrogation

Note:  For my March 2014 Subrogation Newsletter Alert, I’m posting the article which The Subrogator magazine published in its Winter 2014 issue regarding waiver of subrogation language in construction contracts, and defenses you should consider.

"Nothing is more frustrating than having a “slam dunk” property subrogation claim, only to find out that your insured’s contract with the contractor who caused the property loss contains “waiver of subrogation” language. The law varies among jurisdictions but, generally speaking courts have frequently upheld such waivers..." Read full pdf article