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Zorluk: KolayWaiver and Estoppel

A homeowner files a property damage claim 45 days after a loss. The insurance policy explicitly states that claims must be reported within 30 days to be valid. Despite this, the insurer sends a formal letter stating, 'We are choosing to accept this late notice and will proceed with processing your claim.'

By intentionally and voluntarily relinquishing its known right to deny the claim based on the time limit, which legal principle has the insurer demonstrated?

  1. A
    Estoppel
  2. B
    Warranty
  3. WaiverCevap
  4. D
    Apparent authority

Cevap

Waiver
The correct answer accurately identifies that a waiver is the intentional and voluntary giving up of a known legal right. This is exactly what the insurer did by deliberately choosing not to enforce the 30-day reporting limit.

Adım Adım Çözüm

1
Identify the insurer's specific action in the scenario.
The insurer intentionally chose to ignore a policy condition (the 30-day reporting limit) and process the claim anyway.
Understanding the action is required to match it with the correct legal definition.
2
Match the action to the correct legal contract principle.
The voluntary act of giving up a known right is defined as a waiver.
This distinguishes the initial action of giving up the right from the subsequent legal consequences.

Anahtar Kavram

Waiver as the voluntary relinquishment of a known right
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Konular

Waiver and Estoppel

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