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Waiver of Subrogation. A waiver of subrogation is an agreement by an insured person to leave his insurance company out of the claim. This comes into play when an individual who caused damages wants to settle the matter directly with the other partyâs insurance company.
In our auto accident example, if you and the other driver had an enforceable waiver of subrogation agreement at the time of your accident, even though the insurer for the totally innocent partyâyouâis obligated to pay for the loss, that insurer would not be allowed to seek damages from the party at faultâthe other driver.