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.