Professional Liability Waiver Of Subrogation for Canada

Professional Liability Waiver Of Subrogation Template for Canada

This Canadian legal document establishes a waiver of subrogation rights in professional liability insurance contexts, applying across federal and provincial jurisdictions. It prevents an insurer from pursuing recovery claims against specified parties after paying out on a professional liability insurance claim. The document addresses the complex interplay between professional service providers, their insurers, and clients, while ensuring compliance with Canadian insurance regulations and professional standards. It includes specific provisions for insurance coverage, claim procedures, and risk allocation, tailored to meet both federal requirements and provincial insurance laws.

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What is a Professional Liability Waiver Of Subrogation?

The Professional Liability Waiver of Subrogation is a critical document in Canadian professional service arrangements where parties seek to manage and allocate risk effectively. This document is typically used when a client or project owner requires protection from subsequent claims by a professional service provider's insurer following a loss payment. The waiver explicitly prevents the insurer from exercising their subrogation rights against specified parties, thereby providing certainty in risk allocation and potentially reducing project costs. It's particularly relevant in complex professional service arrangements where multiple parties are involved and where provincial insurance regulations must be carefully considered. The document must comply with both federal and provincial insurance laws, professional regulatory requirements, and specific industry standards. It includes detailed provisions about the scope of the waiver, applicable insurance policies, and the specific circumstances under which the waiver applies.

What sections should be included in a Professional Liability Waiver Of Subrogation?

1. Parties: Identification of all parties to the agreement, including the professional service provider, their insurer, and the party receiving the waiver

2. Background: Context of the professional relationship and the reason for the waiver of subrogation

3. Definitions: Key terms used in the agreement including 'Subrogation', 'Professional Services', 'Claims', 'Losses', and other relevant terms

4. Scope of Professional Services: Detailed description of the professional services covered by the waiver

5. Waiver of Subrogation: Core provision where the insurer waives rights of subrogation against the specified parties

6. Duration of Waiver: Time period during which the waiver remains effective

7. Insurance Requirements: Specific insurance policies and coverage levels to which the waiver applies

8. Limitations and Exceptions: Any circumstances under which the waiver would not apply

9. Representations and Warranties: Statements regarding the authority to grant the waiver and other relevant assurances

10. Governing Law and Jurisdiction: Specification of applicable law and courts having jurisdiction over any disputes

11. Entire Agreement: Statement that the document represents the complete agreement regarding the waiver of subrogation

What sections are optional to include in a Professional Liability Waiver Of Subrogation?

1. Multiple Jurisdiction Provisions: Required when the professional services or parties span multiple Canadian provinces or international jurisdictions

2. Specific Risk Provisions: Needed when certain high-risk activities or specific professional scenarios require special treatment

3. Third Party Rights: Required when the waiver needs to extend to additional parties such as subcontractors or affiliated professionals

4. Claims Notification Process: Include when specific notification procedures for potential claims need to be outlined

5. Professional Association Requirements: Required when specific professional body regulations need to be addressed

6. Severability: Include when there's a need to ensure remaining provisions stay valid if some are found unenforceable

7. Amendment Procedures: Needed when specific procedures for modifying the waiver should be established

8. Dispute Resolution: Include when specific dispute resolution procedures (mediation/arbitration) are desired

What schedules should be included in a Professional Liability Waiver Of Subrogation?

1. Schedule A - Insurance Policies: Detailed list of insurance policies covered by the waiver, including policy numbers and coverage limits

2. Schedule B - Professional Services Description: Detailed scope of professional services covered by the waiver

3. Schedule C - Named Parties: Complete list of all parties covered by the waiver, including any subsidiaries or affiliated entities

4. Appendix 1 - Risk Assessment: Evaluation of specific risks and how they are addressed under the waiver

5. Appendix 2 - Claims Procedures: Detailed procedures for handling potential claims under the waiver

6. Appendix 3 - Professional Credentials: Documentation of relevant professional qualifications and certifications

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Canada

Publisher

Genie AI

Document Type

Liability Waiver

Cost

Free to use
Relevant legal definitions
Relevant Industries

Legal Services

Engineering and Architecture

Healthcare Services

Financial Services

Management Consulting

Information Technology

Accounting and Audit

Construction and Design

Environmental Services

Real Estate Services

Relevant Teams

Legal

Risk Management

Compliance

Insurance

Professional Services

Operations

Contract Administration

Finance

Regulatory Affairs

Client Relations

Relevant Roles

Risk Manager

Insurance Coordinator

Legal Counsel

Compliance Officer

Professional Services Director

Contract Administrator

Project Manager

Chief Financial Officer

Operations Director

Insurance Claims Manager

Professional Practice Manager

Regulatory Compliance Manager

Senior Partner

Managing Director

Chief Risk Officer

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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