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Courts may refuse to enforce a general liability waiver if it fails to inform the signer of the specific risk that caused the injury. [2] Liability waivers include pre-accident releases and model releases (for pictures). Reckless or intentional actions can never be disclaimed and liability resulting from a faulty product cannot be waived in the ...
In the case of Insurance Corp. of Ireland v.Compagnie des Bauxites de Guinee, 456 U.S. 694 (1982) the United States Supreme Court decided that when a court orders a party to produce proof on a certain point, and that party refuses to comply with the court's order, the court may deem that refusal to be a waiver of the right to contest that point and assume that the proof would show whatever the ...
Cumis Insurance Society, Inc., which the California Court of Appeal for the Fourth Appellate District decided on December 3, 1984. [2] While Cumis is the best-known appellate precedent on the issue of the appointment of independent counsel for the defense of insureds when their insurance company has a conflict of interest, [ 3 ] Cumis was not ...
The liability insurer is alerting the insured defendant that insurance may ultimately not cover the resulting liability, or a portion of the liability. [ 2 ] A reservation of rights by a liability insurance company is an expression of the insurer’s agreement to defend its policyholder with the limiting condition [ 3 ] that it does not waive ...
Although it involves a transfer of risk, a damage waiver option is not insurance but instead a modification to the basic rental contract. [2] In many countries, it is a legal requirement to have a damage waiver included in the basic car rental rate. Some rental companies also offer liability insurance and coverage of towing charges. Terms and ...
Liability insurance (also called third-party insurance) is a part of the general insurance system of risk financing to protect the purchaser (the "insured") from the risks of liabilities imposed by lawsuits and similar claims and protects the insured if the purchaser is sued for claims that come within the coverage of the insurance policy.
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