Legal Definitions - nonwaiver agreement

A nonwaiver agreement is a contract that is used in insurance to supplement a liability-insurance policy. It is an agreement between the insured and the insurer that acknowledges that the insurer's investigation or defense of a claim against the insured does not waive the insurer's right to contest coverage later.

For example, if a person has liability insurance and is involved in a car accident, the insurance company may investigate the accident and defend the insured against any claims made by the other party. However, if the insurance company later discovers that the accident was not covered under the policy, they may contest coverage and deny the claim. The nonwaiver agreement ensures that the insurer's investigation and defense of the claim does not waive their right to contest coverage later.

Another example of a nonwaiver agreement is in the context of a property insurance policy. If a property owner files a claim for damage to their property, the insurance company may investigate the claim and provide coverage for the damage. However, if the insurance company later discovers that the damage was not covered under the policy, they may contest coverage and deny the claim. The nonwaiver agreement ensures that the insurer's investigation and coverage of the claim does not waive their right to contest coverage later.