The Court of Appeals of Virginia recently determined that an insurer's waiver of its right to subrogation did not exude the underlying tort liability of the liable party.

In considering whether an insurer's waiver of its right to subrogation against a tortfeasor precludes the insured-plaintiff from recovering on a judgment against the tortfeasor, the 2-1 majority determined that the mere waiver of the insurer's right to subrogation didn't discharge the underlying tort liability.

The July 5 majority opinion was authored by Judge Robert J. Humphreys, who was joined by Judge Lisa Lorish. Judge Glen A. Huff dissented in a separate opinion.

This premium content is locked for FC&S Coverage Interpretation Subscribers

Enjoy unlimited access to the trusted solution for successful interpretation and analyses of complex insurance policies.

  • Quality content from industry experts with over 60 years insurance experience, combined
  • Customizable alerts of changes in relevant policies and trends
  • Search and navigate Q&As to find answers to your specific questions
  • Filter by article, discussion, analysis and more to find the exact information you’re looking for
  • Continually updated to bring you the latest reports, trending topics, and coverage analysis