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The original policy between Fraser River and its insurer contained a subrogation clause which waived the insurer's right of subrogation against any third parties. Fraser River and its insurer entered an agreement which waived the original subrogation waiver, intending to allow the insurance company and Fraser River to sue Can-Dive.
Subrogation is the assumption by a third party (such as a second creditor or an insurance company) of another party's legal right to collect debts or damages. [1] It is a legal doctrine whereby one person is entitled to enforce the subsisting or revived rights of another for their own benefit. [ 2 ]
In the absence of this waiver of sovereign immunity, injured parties would generally have been left without an effective remedy. See Brandon v. Holt. [29] Under the abrogation doctrine, while Congress cannot use its Article I powers to subject states to lawsuits in either federal courts, Seminole Tribe v.
A signed liability waiver is not a blanket exemption from liability for operators of a dangerous activity. [2] Under the law of tort , prior to injury, the specific risk must have been known to and appreciated by the plaintiff in order for primary assumption of risk to apply. [ 3 ]
A New York judge is set to decide this week whether President-elect Donald Trump's criminal conviction on charges involving hush money paid to a porn star should be overturned in light of the U.S ...
A robotic dog named “Spot” made by Boston Dynamics is the latest tool in the arsenal of the US Secret Service. The device has lately been spotted patrolling the perimeter of President-elect ...
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