What is "Estoppel and Waiver" in the Insurance Coverage Context?

J.P. Gonzalez-Sirgo
Founder of J.P. Gonzalez-Sirgo, P.A.

Estoppel occurs when an individual is precluded from denying or alleging a fact as a consequence of a previous act or failure to act on the individual’s behalf. While estoppel is typically the result of an action or series of events that may be involuntary, the concept of waiver is often a voluntary renunciation, repudiation, or surrender of a claim or right. However, this is not always the case. A waiver can be signaled by implications created by a party’s actions or can be voluntarily agreed to within a contract or orally in some circumstances. For example, breaching a covenant created by a contract can lead to the forfeiture of your initial rights. If the waiver of a right is not unconscionable then it may be included in contractual provisions to relieve liability from the contracting party or offer a conferred benefit to the party entering into the agreement for waiving a certain right.

You can reach Miami Insurance Claims Lawyer J.P. Gonzalez-Sirgo by dialing his direct number at (786) 272-5841, calling the main office at (305) 461-1095, or Toll Free at 1 (866) 71-CLAIM or email Attorney Gonzalez-Sirgo directly at[email protected].

Source:

-Blacks Law Legal Dictionary

-Estoppel to Assert Limitation of Insurance Coverage, 26 Am. Jur. Proof of Facts 2d 137§ 1

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