Insurance 101 – Chapter 6 – Volume 17 – Waiver and Estoppel

Waiver and Estoppel

Although the concepts of “waiver” and “estoppel” are usually lumped together, they are totally different concepts that, when applied, result in similar conclusions by a trier of fact. Waiver is a voluntary relinquishment or abandonment—express or implied—of a legal right or advantage.  The person who is found to have waived a right must do it knowingly, with knowledge of the existing right and the intention of forgoing the right.  Estoppel has a court create a bar that prevents one from asserting a claim or right that contradicts what one has said or done before or what has been legally established as true.

The following video was adapted from my book, “Insurance Claims A Comprehensive Guide” Published by the National Underwriter Company and is available at the Zalma Insurance Claims Library

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The author and publisher disclaim any liability, loss, or risk incurred as a consequence, directly or indirectly, of the use and application of any of the contents of this blog. The information provided is not a substitute for the advice of a competent insurance, legal, or other professional. The Information provided at this site should not be relied on as legal advice. Legal advice cannot be given without full consideration of all relevant information relating to an individual situation.

 

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