Subrogation Waivers

Attorney Steve Vondran discusses insurance subrogation waivers (contractual waivers often found in commercial property leases and contractor agreements).  In most cases courts will uphold the language of contractual limits on liability.  Courts do not like to re-write contracts.  However, in some subrogation cases the carrier may be presented with facts that suggest gross negligence (failure to exercise even a minimal standard of care) and such limititations on liability (precluding subrogation) could possibly be held void per public policy.