Question

Difficulty: EasyLegal Interpretations Affecting Contracts

During a claim investigation, an insurance company discovers a breach of a policy condition that gives it the right to deny coverage. However, the claims manager officially notifies the insured in writing that the company will not enforce this condition and will process the claim. What is the legal term for this intentional and voluntary relinquishment of a known right?

  1. WaiverAnswer
  2. B
    Estoppel
  3. C
    Adhesion
  4. D
    Warranty

Answer

Waiver
The correct answer accurately identifies that a waiver occurs when a party intentionally and voluntarily relinquishes a known legal right, which matches the claims manager's action of officially choosing not to enforce the policy condition.

Step-by-Step Solution

1
Analyze the scenario presented in the question.
The insurer intentionally and voluntarily gave up its right to enforce a specific policy condition.
Identifying the exact action taken by the insurer is necessary to determine the applicable legal concept.
2
Match the action to the correct legal definition.
The voluntary relinquishment of a known right defines a waiver.
Insurance law distinguishes between different contractual concepts based on their precise definitions.

Key Concept

Waiver and Estoppel
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