The Waiver of Subrogation General Liability agreement is a crucial document in Indian commercial relationships where parties seek to manage their risk exposure effectively. This document becomes necessary when a business relationship requires one party to waive their insurer's right to pursue recovery claims against another party. The waiver is particularly common in construction, real estate, and manufacturing sectors where multiple parties work together on high-value projects. Under Indian law, this document must comply with the Insurance Act, 1938, and related IRDA regulations, while also meeting the requirements of the Indian Contract Act, 1872. The agreement typically includes detailed information about the insurance policies covered, the scope of the waiver, and the specific circumstances under which it applies.
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1. Parties: Identifies all parties to the agreement including the insurer, insured, and the third party benefiting from the waiver
2. Background: Sets out the context of the waiver, including reference to the underlying insurance policy and the business relationship requiring the waiver
3. Definitions: Defines key terms used in the document including 'Subrogation Rights', 'General Liability Policy', and 'Covered Claims'
4. Scope of Waiver: Clearly describes the extent of the subrogation rights being waived and any limitations
5. Waiver Provisions: The operative clauses that actually waive the subrogation rights
6. Duration: Specifies how long the waiver remains in effect
7. Representations and Warranties: Statements by the parties confirming their authority to enter into the waiver
8. Governing Law: Specifies that Indian law governs the agreement and its interpretation
9. Execution: Signature blocks and execution formalities
1. Multiple Insurer Provisions: Required when multiple insurance companies are involved in providing coverage
2. Claim Notification Process: Optional section detailing the process for notifying relevant parties when a claim arises
3. Reinstatement Provisions: Optional section addressing how the waiver applies to reinstated or renewed policies
4. Dispute Resolution: Optional section specifying arbitration or other dispute resolution mechanisms
5. Severability: Optional clause addressing the survival of remaining provisions if any provision is found invalid
1. Schedule A - Insurance Policies: Details of the specific insurance policies covered by the waiver, including policy numbers and effective dates
2. Schedule B - Covered Parties: List of all parties benefiting from the waiver, including subsidiaries and affiliates if applicable
3. Schedule C - Excluded Claims: If applicable, specification of any claims or circumstances excluded from the waiver
4. Appendix 1 - Insurance Certificates: Copies of relevant insurance certificates evidencing coverage
Authors
Relevant legal definitions
Clauses
Relevant Industries
Construction
Manufacturing
Real Estate
Infrastructure
Energy
Transportation and Logistics
Healthcare
Information Technology
Hospitality
Mining and Resources
Engineering Services
Retail
Relevant Teams
Legal
Risk Management
Insurance
Compliance
Finance
Operations
Project Management
Commercial
Procurement
Facilities Management
Relevant Roles
Risk Manager
Insurance Manager
Legal Counsel
Contracts Manager
Chief Financial Officer
Chief Risk Officer
Operations Director
Project Manager
Compliance Officer
General Counsel
Insurance Coordinator
Commercial Director
Business Development Manager
Facility Manager
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