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Waiver Of Subrogation General Liability Form Template for England and Wales

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Key Requirements PROMPT example:

Waiver Of Subrogation General Liability Form

"I need a Waiver of Subrogation General Liability Form for a construction project in Manchester where we're acting as the main contractor, with three subcontractors who need to be listed as additional insured parties, to be effective from March 1, 2025."

Document background
The Waiver of Subrogation General Liability Form is essential in commercial relationships where parties wish to avoid potential disputes over liability claims. Under English and Welsh law, this document prevents insurers from pursuing subrogation rights against specified parties, typically in situations where maintaining business relationships is paramount. The form is particularly valuable in construction, real estate, and other commercial contexts where multiple parties work together and want to minimize cross-claims and litigation. It includes specific provisions about the scope of the waiver, affected parties, and the duration of the waiver's effectiveness.
Suggested Sections

1. Parties: Identification of all parties involved in the waiver

2. Background: Context of the waiver and relationship between parties

3. Definitions: Key terms used throughout the document including relevant legislation and legal principles

4. Scope of Waiver: Specific rights being waived and extent of waiver, including reference to Law Reform (Third Parties) Act 1930 and Insurance Act 2015

5. Duration: Period for which the waiver remains effective

6. Governing Law: Confirmation of applicable law (England and Wales)

Optional Sections

1. Insurance Requirements: Specific insurance requirements and minimum coverage levels, required when specific insurance conditions need to be maintained

2. Notice Requirements: Procedures for providing notice between parties, included when specific notification procedures are needed

3. Limitation of Liability: Additional limitations on liability between parties, used when parties wish to limit liability beyond the waiver

Suggested Schedules

1. Schedule of Insured Parties: List of all parties covered by the waiver

2. Schedule of Insurance Policies: Details of relevant insurance policies affected by the waiver

3. Certificate of Insurance: Proof of insurance coverage and relevant policy details

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions





















Clauses






















Industries

Law Reform (Third Parties) Act 1930: Primary legislation governing insurance and third-party rights, particularly Section 1. Forms the historical basis for third-party rights in insurance contexts.

Third Parties (Rights Against Insurers) Act 2010: Modern legislative framework that updates and replaces the 1930 Act provisions regarding third-party rights in insurance contexts.

Contracts (Rights of Third Parties) Act 1999: Legislation governing how third parties may enforce contractual terms, crucial for understanding the enforceability of subrogation waivers.

Insurance Act 2015: Key modern legislation containing provisions regarding insurance contracts, duty of fair presentation, and sections dealing with warranties and terms.

Common Law Principles: Established legal doctrine of subrogation in insurance law, including key cases like Castellain v Preston (1883) that define fundamental principles.

Financial Services and Markets Act 2000: Regulatory framework governing insurance contracts and financial services in England and Wales.

Consumer Rights Act 2015: Legislation relevant when the waiver involves consumer contracts, providing consumer protection measures.

Unfair Contract Terms Act 1977: Legislation controlling the use and enforcement of unfair terms in contracts, particularly relevant for liability limitations and waivers.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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