Defenses and Affirmative Defenses
Procedural Defenses
Waiver requires knowledge of the right and an intent to relinquish it, which may be express or inferred from conduct inconsistent with asserting it. It differs from estoppel, which requires detrimental reliance.
Some rights cannot be waived.
Alternative Names:
Waiver Defense, Intentional Relinquishment
Why it Matters?
The distinction from estoppel matters in pleading, since waiver requires no showing of reliance or prejudice while estoppel does. That makes waiver easier to establish where the conduct is unambiguous. In coverage disputes waiver is limited by the rule that it cannot create coverage that never existed, which confines it to conditions and procedural requirements rather than the scope of the insuring agreement.
Frequently Confused with
Related terms
Frequently asked questions
How does waiver differ from estoppel?
Can waiver create insurance coverage?
