Real Estate/Development
Aug. 9, 2019
Waiver of subrogation clauses in commercial leases: what and why
Subrogation means the stepping of one person into the legal place of another. In a lease where there is a “waiver of subrogation,” the term subrogation is applied to mean that one party’s insurer will be specifically directed by that party that the insurer cannot step into the legal place of the party for the purpose of pursuing a damages claim, i.e., a negligence claim underlying an insured loss.
Andrew S. Bragin
Bragin Law PCUC Berkeley School of Law
Subrogation means the stepping of one person into the legal place of another. In a lease where there is a "waiver of subrogation," the term subrogation is applied to mean that one party's insurer will be specifically directed by that party that the insurer cannot step into the legal place of the party for the purpose of pursuing a damages claim, i.e., a negligence claim underlying an insured loss. Absent this directive to the insurer, it might invoke common law rights...
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